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

DUI ~ Criminal Defense ~ Immigration/Naturalization

Justice Is On Your Side

Arrested? Here’s what to know about renewing your green card

If you have been arrested by the police and need to renew your green card, you should know that it could be more difficult. Any time you have an arrest or criminal offense on your record, that arrest or offense will be reviewed by the U.S. Citizenship and Immigration Services when you reapply for your green card renewal.

Depending on the offense, it is possible that you could become inadmissible and be asked to leave the country. You don’t necessarily have to be convicted of a crime to be asked to leave the U.S.

Understanding the USCIS’s review of your background check

The USCIS always looks at green card applicants’ criminal background check to make sure that they have not committed any deportable offenses. While an arrest itself won’t stop a permanent resident from renewing or replacing a green card, it’s usually a good idea to know your legal rights before you fill out that application.

Doing this will put you in a better position when you have to go to your biometrics appointment, which is a short appointment where your fingerprints and photograph are taken. During that appointment, the USCIS also runs your background check.

If you think you’ll have a criminal record come up on that report, it’s worth talking to an attorney before you go. That way, you can go over the record with your attorney in advance and be sure you understand all the possible ways you can protect yourself and aim to stay in the U.S.

Can you be deported or be made inadmissible because of an arrest?

It doesn’t usually happen from an arrest alone, but that doesn’t mean that it can’t. There are no exact lists of laws that qualify a person for deportation or inadmissibility. For that reason, you always want to get to know your legal rights before you speak with the USCIS. You could end up being deported for civil offenses, too, even if no jail time is required upon conviction. To protect yourself best, make sur