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Lawful Permanent Residents convicted of past crimes may still be able to renew their Green Cards without issue while in the U.S. They may also be eligible to become U.S. citizens. On the other hand, traveling outside the U.S. can be risky for Green Card holders with serious criminal convictions. That is because immigration law views Lawful Permanent Residents differently if they are in the U.S. versus when they leave and reenter as an arriving alien.
What Are the Risks of Having a Criminal Record?
Inadmissibility
As a Green Card holder with a criminal record, you may face the risk of being denied reentry each time you travel outside the US. Customs and Border Protection officers may review your criminal history and take you to secondary inspection for questioning. If you have been convicted of certain serious crimes, you could be deemed as inadmissible to the United States.
Detention
If you are deemed inadmissible to the U.S., you must attend a hearing before an immigration judge to determine if you are deportable. You will also be subject to mandatory detention during the process. However, remember that Green Card holders convicted of serious crimes face the highest risk of detention, as opposed to those convicted of less serious offenses.
Deportation
Immigration and Nationality law defines a Lawful Permanent Resident entering the U.S. and who have been convicted of certain crimes as deportable. If you are reentering the U.S. after international travel, CBP officers can confiscate your Green Card and revoke or terminate your permanent resident status. Even if you only take one international trip, you still face this risk. And once you have lost your Green Card, it will be challenging to have it reinstated.
What Kind of Crimes Can Lead to Inadmissibility?
- Crimes Involving Moral Turpitude – including violent crimes, human trafficking, fraud, and theft
- Multiple criminal convictions – being convicted of two or more CIMT or of ess serious crimes with sentences that total five years or more
- Drug-related offenses – being involved in crimes related to drug trafficking
- Human rights offenses – including terrorism, espionage, and attempts to overthrow the U.S. government
Understanding the risks of traveling internationally as a Lawful Permanent Resident has become much more critical. As such, it is important to consult with an experienced immigration attorney who understands how to review a criminal file and who can give you proper legal guidance if you are a Green Card holder with a criminal record. The attorney can help you determine whether you can travel in this situation or if your crime has made you deportable, or if you are eligible to apply for U.S. citizenship.
If you would like to travel, but you have a past criminal history, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
