So, you’ve found yourself in the situation where you’re applying for a visa or green card in the United States; it’s a mandatory requirement that you’ll need to provide information about your criminal history and any details of your criminal record.

This is because if you have been charged with or convicted of a criminal sexual conduct offense, your application may be denied. However, this may not be the case but is just a worst-case scenario. It all depends on your record and what’s on it.

In this article, we’re going to explore how criminal records can affect your application process and all the intricacies around this topic.

Standard Things to Remember

During your application period, it’s important to remember that you must demonstrate a good moral character, according to the guidelines set out by the US Citizenship and Immigration Services (GMC).

The GMC period is usually five years before you begin the process of applying for a visa or green card for yourself. The GMC is three years prior to the filing date if you are petitioning for your spouse. A criminal sexual conduct conviction could bar you or your spouse from obtaining certain immigration statuses.

During this time, you must absolutely make sure you’re following the law and not getting a criminal record since any kind of conviction can seriously influence whether your green card application is accepted or denied. It’s the convictions you’ll need to be aware of.

A conviction in the United States is a guilty conclusion given at court, resulting from a judge or jury verdict. This whole concept is usually referred to as an ‘aggravated felony,’ examples of which include;

• Murder or Rape
• Sexual exploitation of a minor
• pornography involving children
• Kidnapping

Aggravated felonies, such as these, are severe, and most crimes considered aggravated felonies would result in a prison or a jail sentence of one year or more.

Even a misdemeanor or non-violent crime could be considered an aggravated felony by an immigration officer due to differences in state and federal definitions of offenses.

Now, it’s important to note that this definition could include offenses like first-, second-, or third-degree criminal sexual conduct. If you’re facing any of these, then you’ll need to seek to search ‘sex crime attorney near me’ to see what services are in your area.

Other crimes, such as crimes committed with malice, such as fraud or causing bodily harm to another person, are also considered, even if they are considered ‘less severe.’ Even being convicted of fourth-degree sexual conduct can be a CMT offense.

If you commit a CMT offense, you may face deportation. This includes;

• After being admitted to the United States, you had two convictions (unless the offenses were part of the same incident)
• Within five years of entering the United States, you were convicted of one offense (with a prison sentence of one year or more).
• If you have one CMT conviction, you may be ineligible to enter the United States.

Summary

If you’re applying for a visa or a green card and have been charged with criminal sexual conduct, you may face serious consequences. If you’re in this position, then it’s important to make sure you’re seeking professional legal advice to see what your options are and to determine how you can proceed.

Published: 2021-12-24 14:54:48