Will a Foreign Conviction Affect My Immigration Proceedings?

 Posted on July 14, 2024 in Immigration

When the United States immigration authorities decide whether you are a person of good moral character, one of the factors they will consider is whether you have been convicted of any crimes, either here or in your home country. However, judicial systems work very differently around the world. It sometimes happens that a person is convicted of an offense in a foreign country that would not be considered a crime in the United States or would be a far less serious offense. If you were convicted of a crime in your home country before trying to move to the U.S., you will need to be represented by an experienced DuPage County, IL criminal issues in immigration lawyer. A lawyer can often work to show that your foreign conviction does not indicate that you would be anything less than an upstanding resident.

What if My Crime Would Not Be a Crime in The United States?

Other countries might criminalize all sorts of conduct that would be considered perfectly legal or even constitutionally protected activity in the U.S. This is why immigration authorities will consider whether the crime you were convicted of in your home country would be considered a crime in the U.S. If your offense would have been entirely legal if you had done the same thing here, your conviction will not be held against you for immigration purposes.

For example, say you are from a highly conservative country where it is illegal for women to wear pants in public. You were arrested for simply walking down the street dressed in pants and a shirt and convicted of a crime. Since it is legal for women to wear pants anywhere in the United States, a conviction for this offense would not count against you in your immigration proceedings.

What if My Conviction Would Have Been Much Less Serious in the U.S.?

Regardless of how serious your home country considers the crime you were convicted of and what kind of sentence was imposed, U.S. immigration authorities will consider whether your crime would have been a felony or a misdemeanor here. For example, say that appearing in public while intoxicated is a major felony in your home country. You were convicted of public intoxication and sentenced to five years in prison back home.

Since public intoxication is a minor misdemeanor in the United States, your conviction would probably not be a bar to immigration at all, although a lawyer may need to help you provide an explanation.

Contact a Bloomingdale, IL Criminal Issues in Immigration Attorney

Mevorah & Giglio Law Offices is skilled in helping people overcome foreign convictions so they can lawfully immigrate to the U.S. Our dedicated DuPage County, IL immigration and foreign convictions lawyers have more than 175 years of combined experience. Contact us at 630-932-9100 for a complimentary consultation. Hablamos Español. ہم اردو بولتے ہیں۔. Mówimy po Polsku.