Green Card Renewal With Arrest.

Which criminal records will USCIS examine as part of its I-90 review?

If USCIS sees criminal history when it is processing your I-90 application, it may ask you to provide certified court records. Having the appropriate documentation ready to show that a case has reached its legal resolution is important for prompting an efficient review process.

While a criminal case dismissed at the state or federal level can generally be a good thing for a person facing U.S. immigration consequences, it is not necessarily a “no-harm, no-foul” situation. If USCIS still discovers the incident through a background check or a prior filing, it can still be important to explain the circumstances of the arrest and provide supporting documentation to show that the charges were dropped.

Similarly, while state or federal authorities may seal or expunge a record, these actions do not necessarily remove the record from a person’s immigration file. U.S. immigration authorities often have access to information that might not be easily discoverable in civil or commercial background checks, and they may hold a person to the reporting obligations required for their specific case.

One common risk for people who have faced criminal charges is to assume they can simply not mention the incident when filing for a green card renewal. However, failing to disclose a criminal history that is subject to reporting can raise serious concerns about misrepresentation with U.S. immigration authorities. This can complicate processing, slow down approvals, and potentially increase the risk of deportation or other adverse consequences.

While minor traffic-related offenses like speeding tickets or parking tickets generally do not meet the threshold for criminal matter reporting or deportation, it is still important to address any arrest or criminal charge seriously.

Another concern is the definition of what constitutes a criminal conviction. U.S. immigration law has its own specific definition of what constitutes a “conviction” for purposes of admissibility or deportability. This federal immigration definition can differ from the definition used in the state or federal court system where the charges were filed and adjudicated. Therefore, what you might think does not count as a criminal record under state law could still present an issue with USCIS or another federal immigration authority.

At Spodek Law Group the strategy on a case starts the same day the client calls.

When Will an Arrest Become a Removal Case Instead of an I-90 Problem?

In general, filing a Form I-90 for green card renewal can be a very different animal from facing a green card removal case. While filing the former is a routine matter, the latter can have severe consequences that demand your urgent and undivided attention. For lawfully present permanent residents, these are not two separate issues, but rather, the latter can be a direct and present consequence of the former.

We can look to statutory grounds for deportability for lawful permanent residents (LPRs) under INA § 237. If a resident, after obtaining legal permanent residence, is alleged to be deportable under this section, DHS may initiate removal proceedings in the federal immigration courts. Under U.S. immigration law, Certain qualifying convictions can trigger grounds for deportability. These grounds for deportability include criminal convictions for any of the following types of offenses:

• Aggravated Felonies: Broadly defined under federal immigration law in INA § 101(a)(43).
• Most Controlled Substance Offenses: This generally includes joint possession or possessing a controlled substance with the intent to distribute under INA § 237(a)(2)(B).
• Crimes Involving Moral Turpitude: These can render an individual either ineligible for admission to the United States (inadmissibility), a basis for removal from the United States (deportability), or both.

Under INA § 287, authorized immigration officers and employees have specified powers to investigate, interrogate, arrest, and detain noncitizens for violations of immigration law, while U.S. Attorney’s Offices prosecute federal crimes. ICE can detain and deport non-citizens if they violate immigration laws, and U.S. Attorney’s Offices can initiate criminal proceedings against U.S. citizens and non-citizens alike.

While ICE detention or removal can be a consequence of a criminal case, this is not automatic, and the severity of the incident and previous immigration history matters. If a Notice to Appear is issued, the U.S. Department of Homeland Security (DHS) will charge you with removability under federal law. At this stage, removal proceedings are conducted before an immigration judge in an administrative immigration court. With an Immigration Judge presiding over your case, the judge may terminate or dismiss proceedings if DHS fails to establish removability by clear and convincing evidence, or order removal if DHS meets that burden and no relief is granted. In some cases, U.S. immigration law provides individuals with grounds for relief that a person facing removal can use to avoid deportation. An immigration judge will have the authority to deny or grant any such relief based on the pertinent circumstances of the individual’s case.

How do you decide whether legal help is worth the cost after an arrest?

How Do I Decide if I Need Help Filing Form I-90 and What Will it Cost?

Generally speaking, you can expect the Form I-90 filing fee to be in the range of $415 to $465. This depends upon whether you are filing your application online or by mail. Note that this is the federal government’s fee for filing a Form I-90, and this does not include legal fees from filing a private attorney for help with your application.

While you can expect to work out a custom-tailored fee structure with your attorney, some factors are more likely to increase your attorney fees. If you have a criminal record, if you have a prior denial for Form I-90, if you have an abandoned Form I-90 application from the past, or if you have a complex U.S. immigration history, you can expect your legal fees to be more expensive. This is because more work will be required, and your application will require careful scrutiny to ensure that all grounds for a denial are addressed.

If you select a law firm to represent you with a flat-fee agreement, a key question to ask is whether your attorney’s flat-fee covers the entire duration of your I-90 filing or if it only covers your application. If the latter is true, the cost of filing a request for evidence (RFE) or dealing with additional complexities could dramatically increase your costs.

When you hire a legal team to represent you in a green card renewal, your lawyer may take the following steps on your behalf:

• Review your prior I-90 applications, criminal records, and travel history in addition to anything you have on file with the U.S. Department of State, the U.S. Customs and Border Protection (CBP) or Department of Homeland Security (DHS) and the U.S. Attorney’s Office.
• Draft an explanation for why you need a green card renewal and addressing any potential concerns, including a review of the criminal records found during your background check and if there is a need for an evidentiary response to any criminal matters before it’s decided you should file for a green card renewal.
• Review and send in any additional documentation that is necessary to ensure approval of your Form I-90 green card renewal application.
• Respond to any request for evidence (RFE) from the U.S. citizenship and immigration services (USCIS) and any additional correspondence or questions raised by the U.S. Department of Homeland Security (DHS).

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.