Affect of arrest on legal permanent residency status

Once again this week a call came from an immigrant who had a question on an arrest recently.  Fr. McCarthy, our Chaplain, referred the caller on to me for review.  As we’ve written recently here, arrests can have dire consequences for immigrants. 

Today many convictions can result in deportation (removal) from the United States, or prevent admission, even for returning green card holders.  Immigrants should have an immigration attorney examine any arrest/conviction before applying to receive or renew an immigration benefit.   Likewise, if involved in a criminal prosecution, it is advisable to consult with an immigration attorney as well as your criminal attorney, as criminal attorneys are not always trained to recognize the potential immigration consequences of criminal charges and criminal court dispositions.  The 1996 legislation made many relatively minor convictions deportable.  We have seen a number of minor convictions become major problems for immigrants in recent months.  Some convictions for example, aggravated assault,  domestic violence, bigamy, lewdness, theft, passing bad checks, trespass,  and  receipt of stolen property, can have far reaching immigration consequences, even in circumstances where the criminal court treats the matter as a minor infraction.

Certified reports

I encouraged the caller to get the certified docket sheets from the court where the case was heard and also complete a CORI form to get a print out from the state’s criminal database.  A CORI form is available at your local police station  or online at www.mass.gov .  We will then review the case fully with our immigration attorneys at our monthly clinic.

Marriage based green cards expire

A lawful permanent resident (green card holder) is given the privilege of living and working in the United States permanently, and it is conditional if based on a marriage that was less than two years old on the day of the grant of  permanent residence. One is given conditional resident status on the day one is lawfully admitted to the United States on an immigrant visa or adjusts status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.  There will be an expiration date on the front of the card and you have to file an application to remove the conditional status within the 90 day period prior to the expiration date.  Failure to file will result in removal proceedings.

Farewell

This month we are also bidding farewell to Consul General David Barry who completes his term in Boston and returns to work in Dublin.  We have always appreciated the Consulate’s support of our work and in particular their intervention in cases where our immigrants are detained by law enforcement or US Immigration and Customs Enforcement.  Indeed our services and outreach to the Irish community would not be entirely possible without the funding from the Irish government's Department of Foreign Affairs.

Clinic

The IPC will hold another legal clinic at Bad Abbots, Hancock St., Quincy on August 4^th, 2009 at 6:30 pm. 

Disclaimer:  These articles are published to inform and not as advice.  Areas of law are always changing.  The USCIS and US Department of State frequently amend regulations and alter processing and filing procedures.  For legal advice seek the assistance of one of our pro bono immigration attorney at our monthly clinics.