Can I qualify with immigration if I have a felony?

Greetings Jorge Rivera, immigration attorney.

I am being asked this question many, many times on social networks and the answer is YES, depending on certain things. 

When do you need forgiveness?

There is a forgiveness called "I601"which forgives some crimes. For example, YES forgives petty theft or grand theft quantity, and gives forgiveness of domestic violence. NO forgives drug trafficking, nor does it forgive a murder.

So, we need to look specifically at what crime you committed. Why? PBecause laws vary from state to state. This is specifically important when the person is already a resident. If the person is a resident, the waivers are different: they are requested in immigration court. 

The point is, your attorney will ask for the arrest report and the final disposition from the court. If he or she does not see those documents, the attorney cannot advise you. There are many people who were arrested but found guilty, and had the charges dismissed. It is It is very important to see both documents to see if the person really needs a pardon.

There are certain crimes that are automatically pardoned. For example: having stolen a smaller amount only once. PBut if it is a felony, such as a theft of more than $500, we are already talking about a crime that requires a pardon. 

What if you qualify for residency?

Forgiveness occurs when you apply for the residence or when you are applying for a resident visa at the U.S. embassy. The detail, for example when people are going to leave the country, is that they have to apply for the waiver outside the U.S. That is a problem for many people, because they have to wait outside the country until they are approved for that waiver.

Another example, si te requests a U.S. citizen spouse and you entered undocumented and you have a grand theft, for example a felony, within the country you are forgiven illegal entry. For the illegal stay, they coordinate your appointment at the American embassy, you arrive and there you will have to present the pardon for the crime of theft.

The problem is that you have to wait there for them to approve the waiver. It is much easier if you qualify for residency within the country. Attach the waiver to your residency application, proceed and wait inside the country. 

Recommendations

Many lawyers recommend no present forgiveness until immigration asks for it. 
This is interesting because, as many Sometimes immigration should ask for a pardon and doesn't ask for it. The problem with that is that it can come up later when you apply for citizenship. It's a double-edged sword.

Therefore, it is very important that if you have a criminal record, you consult with an attorney who has the necessary experience. A lawyer who will do a legal investigation, or legal research, to verify the crime, the pardon. The idea is that you are not going to have any problems, because they can arise not only at the time, but years later, if your lawyer did not take the necessary steps.

Immigration Lawyer

For help with immigration call me at 88 85 78 22 76.

Remember also that the immigration attorney Jorge Rivera provides all types of legal advice to immigrants throughout the United States.
If you are looking for a lawyer in Miami, you can find us at 5820 Blue Lagoon Dr, Miami, FL.
It also provides counseling for immigrants in Chicago.