March 31, 2008: I-90 Applicatin Triggers Request For Arrest Records
I-90 Application Triggers Request For Arrest Records
My sister decided to apply for a new permanent resident card; her old card doesn’t have an expiration date. She was asked to appear in person and to bring all of her past convictions or criminal records. Does this mean she will get deported even if the offenses occurred a long time ago?
It is now United States Citizenship and Immigration Service (USCIS) policy to conduct a fingerprint background check on all persons who are applying to renew their permanent resident cards. If the fingerprint results reveal an arrest that may render that person deportable, the individual will be asked to bring in the criminal documentation for review. There is a possibility that your sister will be placed in deportation proceedings. This all depends on several factors, such as when the offenses occurred, the type of crime committed and/or convicted of, and whether she pled guilty, no contest, or was found guilty by a jury, among many other factors. If she is put in deportation proceedings, this does not mean that she will be deported on the day she brings in the documents, or in the future for that matter. Rather, she will be issued a Notice to Appear, which sets out the allegations regarding the offenses she committed and how they violated the immigration laws. Then, your sister will be scheduled for a hearing in front of immigration judge. At that time, your sister will either admit or deny the allegations and tell the judge whatever form of relief she may be seeking.
It is extremely important for your sister to consult with an experienced immigration attorney to review all of your sister’s criminal and immigration documentation before she appears at USCIS with the records so she will know what to expect. She should also consider bringing an immigration lawyer with her to that appointment. The attorney should be able to determine if your sister is eligible for a waiver of the immigration violation and present this to the judge at the appropriate time. On another note, depending on when and how the conviction occurred, it may be necessary to have the conviction vacated. Because there are many complicated issues that frequently arise in deportation cases, your sister should immediately consult with an experienced immigration attorney to review and explain her options and start planning her defense.
Evan Shane and Michael Shane, Immigration Attorneys