Know the Role of an Immigration Lawyer
Did you understand that the mere admission of previous criminal behavior can lead the government to deny your entry to the United States? It can lead to a green card denial. It may lead to deportation. Many unsuspecting individuals think that immigration authorities will forgive admitting to minor criminal behavior that occurred years ago. That can't be further from the reality. To know everything about the immigration laws, consult and hire an immigration lawyer in OKC.
Why would they reject admission or deport someone for merely admitting to previous criminal behavior?
212(a)(2)(A)(i) of the Immigration Act says that "any alien... who confesses to having committed or acknowledges to have committed acts that comprise the vital components of... a crime involving moral turpitude... or an attempt or conspiracy to commit such a crime... or a breach of any law... relating to a controlled substance... is inadmissible." This implies that no conviction is needed. Therefore, if you commit certain crimes and admit those, you need to seek a waiver to be admitted to the U.S., or to be able to get a green card, or stay in the U.S.
What if the crime is confessed that occurred a long time ago?
Unfortunately, there is no statute of constraints when it comes to acknowledging past criminal behavior. So, if you tell an immigration official that you once tried cocaine when you were young, you may be inadmissible and your request for admission may be rejected.
Will they really ask about previous criminal behavior and deny admission?
Immigration officials are trained to interrogate you on previous criminal behavior. They will ask you to admit to each component of the offense and will ask you to record your statements and/or write down your statements and have you register your name so that they can use that proof against you.
What an immigrant supposed to do?
That is the hard question that has no adequate response. Anyone who is not a citizen seeking entry to the country or trying to modify the status to acquire a green card is in difficulty. If you refuse to answer the questions, the request is likely to be denied. If you answer the question, your request will most probably be rejected, and you may or may not be eligible for a waiver. If you lie at the time of interrogation, it will be termed as criminal offense and misrepresentation of immigration. If you're worried that there's a crime you've committed in the past, you should sit down with an immigration lawyer in OKC and discuss alternatives and appropriate approach for your case.
Pretrial Intervention Programs / Diversion Programs
One region of interest is when a non-citizen is charged with a crime and offers a diversion program. A diversion program is where the individual agrees to certain terms (probation, community service hours, courses, fines, etc.) and the state drops the fees if effectively finished. The individual is often needed to confess to committing the offense in the pre-trial diversion program contract. Thus, if the individual fails from the diversion program, the State has the admission of the individual and does not have to demonstrate that they have committed the crime. However, even if the individual effectively finishes the diversion program, this could be regarded as an admission for immigration reasons and could result in deportation, rejection of entry, and rejection of a green card. Never confess to the components of a criminal offense without first speaking to an immigration lawyer.
Contact Mazaheri Law Firm to get an experienced immigration lawyer in OKC.