Monthly Archives: March 2009

Immigration Consequence of Criminal Activity for Permanent Resident

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Permanent residents of the United States have to realize the serious immigration consequence of criminal activity.

Criminal activity often is defined as violation of federal, state or foreign criminal law. Among them, crimes involving moral turpitude, aggravated felonies and certain criminal conduct precludes a finding of good moral character would most likely affect a permanent resident’s immigration status, including inadmissibility, deportability and eligibility for naturalization.

Crimes involving moral turpitude are defined by judicial and administrative case law. In general, if a crime manifests an element of baseness, such as murder, rape, and fraud, it involves moral turpitude.

Aggravated felonies are defined by INA Section 101(a)(43). Many specific crimes are listed as aggravated felonies under INA, such as murder, rape, sexual abuse of a minor, illicit trafficking in a controlled substance, a theft, burglary or possession of stolen property offense where the terms of imprisonment imposed is at least one year, kidnapping offenses, child pornography, et al.

Criminal conduct precludes a finding of good moral character are listed under INA §101(f), including but not limited to prostitution, having an income principally derived from illegal gambling activities, gives false information in attempting to receive a benefit under the INA, and et al. It matters because possession of good moral character is a statutory requirement for naturalization.

In certain circumstances, grounds for inadmissibility or deportability may be waived. For permanent resident who has not convicted for an aggravated felony, cancellation of removal is available if certain requirements are met.

Permanent resident with criminal records should always consult an immigration attorney prior to filing a naturalization application or even filing an application to replace the green card.

Employment Based Immigration — Recommendation Letter Drafting

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People who are preparing for filing of EB1A (Person of Extraordinary Ability), EB1B (Outstanding Researcher/Professor) and NIW (National Interest Waiver) cases often struggle with recommendation letter drafting. They are either too busy with the research projects or teaching asssignment or they are not confident enough to draft 5 or 6 letters on the same subjectContinue Reading

EB-5 Immigrant Investor Pilot Program Extended

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Updates:WASHINGTON–U.C. Citizenship and Immigration Services (USCIS) announced on March 12, 2009 that the Immigrant Investor Pilot Program has been extended through September 30, 2009 due to signing of the “Fiscal 2009 Omnibus Appropriations Bill,” H.R. 1105. As a result of the extension of the Pilot Program, USCIS will continue to receive, process, and adjudicate allContinue Reading