Maryland Criminal & Immigration Lawyer Blog
Obtaining U.S. citizenship can be very exciting. It can also be a stressful process, especially if you have a recent criminal conviction on your record. Any application for naturalization can be a complex and detail-intensive process, but that complexity may rise even higher if you have a less-than-perfect criminal history. Even if your criminal background is not spotless, you still could qualify for citizenship. An experienced Maryland immigration lawyer can go over your options and help guide you through the naturalization application procedure.
A recent naturalization case from Virginia looked at an immigrant who got his green card, then committed a minor criminal violation, then applied for naturalization after that.
The immigrant, Raymond, entered the U.S. and secured a green card in 2010. In late 2013, Raymond traveled to his native Ghana for an extended visit with family. When the man attempted to re-enter the U.S. in January 2014, customs agents concluded he was ineligible. The problem? A misdemeanor embezzlement conviction Raymond picked up in 2012 after he was caught stealing some clothes from the department store where he worked. Although only a misdemeanor, the crime – embezzlement – undisputedly was one “involving moral turpitude,” making the man subject to deportation.
Although Raymond was not admissible, customs officials still allowed him by granting him “parole.” (This allows for temporary admission and is a discretionary power, meaning that immigration authorities may or may not give parole to an entrant who fails the admissibility standards.)
Raymond’s parole allowed him to stay pending the adjudication of his deportation case. In 2018, the Department of Homeland Security decided to dismiss the deportation action because removal was “no longer in the best interest of the government.”
Having cleared that hurdle, the man applied for naturalization. The Immigration and Naturalization Act says that naturalization applicants be “lawfully admitted for permanent residence.” The U.S. Citizenship and Immigration Services concluded that the man’s 2014 entry did not meet that standard, so Raymond could not be approved for naturalization.
The 4th Circuit Court of Appeals said this was an incorrect interpretation of the law. The appeals court majority determined the INA’s use of the phrase “lawfully admitted” for “permanent residence” had “nothing to do with ‘admission’ at all.”
So, What Does the Phrase Mean Here?
According to the court, its use was a “term of art” that denoted not the process of gaining admission but rather the status “of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws.” In other words, having achieved (and not lost) lawful permanent resident (a/k/a green card) status.
Raymond and the government agreed that he achieved lawful permanent resident status in 2010 and never lost it, still holding it “to this day.” The man could have lost his status after his embezzlement conviction, as embezzlement is a valid trigger for deportation. However, because the government dismissed rather than pursue that removal case, Raymond “was never subject to a final removal order and his [green card] status never ‘changed’ within the meaning of” the law.
Raymond’s case is important for a couple of reasons. In addition to the important naturalization issues discussed above, it also highlights the risks green card holders face if they are convicted of a crime here (after securing their green card,) and then subsequently leave the country. That departure may place them in peril of being refused re-entry. In other words, it is important to understand the immigration consequences of taking a plea deal in a criminal case and, if you do plead guilty, it is important to understand what restrictions and risks that conviction poses if you want to hop a plane or train for a visit to the “old country.”
If you have questions about the impact a criminal conviction could have on your status, about the naturalization process, or any other immigration issue, the knowledgeable Maryland immigration and citizenship attorneys at Anthony A. Fatemi, LLC can help. Contact us today at 301-519-2801 or via our online form to set up your consultation to learn more about how we can assist you in accomplishing your immigration and citizenship goals.