Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

Se Habla Español

408-758-5673

Can you renew a green card after an arrest?

In 2010 the US Supreme Court ruled that defendants in criminal cases must be advised of the immigration consequences before pleading guilty in criminal court. If you are thinking about renewing your green card after being arrested, know that U.S. Citizenship and Immigration Services, or USCIS, will examine your permanent resident record. Any legal mistakes you may have made will be discovered and evaluated.

Replacing a permanent resident card

Criminal offenses do not always trigger automatic inadmissibility or deportation for an immigrant. When renewing or replacing a green card, these crimes will be revealed to USCIS. When a permanent resident files Form I-90, which is called the Application to Replace Permanent Resident Card form, the applicant must pay for and submit to a criminal background check.

Obligation to renew

There is a legal obligation for any permanent resident over the age of 18 to carry a valid green card at all times. An arrest should not stop a permanent resident from renewing or replacing a green card. When renewing a green card after an arrest, the following types of offenses could make the green card holder eligible for deportation:

  • an aggravated felony
  • a crime of moral turpitude within five years of receiving a green card
  • two deportable crimes at any time
  • a drug crime
  • domestic violence
  • a firearms offense
  • a fraud-related offense

Under the Immigration and Nationality Act the term "aggravated felony" is broadly defined. Most states utilize a much smaller scope when outlining the characterizations of this legal concept.

After an arrest or conviction, the act of renewing a green card can expose the applicant to significant immigration issues. Not all criminal records will make it impossible to renew a green card, but it does complicate the application process. Know that a criminal record does not mean an automatic denial when renewing your green card.

No Comments

Leave a comment
Comment Information
Email Us For Response

Don’t Hesitate To Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Law Office ofRonald A. Cabanayan

12 S. 1st Street
Suite 711
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
San Jose Law Office Map