Even a simple mistake can result in a conviction, and the matter becomes part of a person’s criminal record. For the average citizen, the consequences are tough; for an individual seeking to become a U.S. citizen or going through immigration proceedings, the impact is even severe. The threat of deportation looms and you may not qualify to undergo the immigration process.
Still, a criminal conviction won’t always prohibit you from undergoing the immigration process. You have options under a complicated set of federal and state laws, and a skilled attorney can assist you in navigating the proceedings. Jonathan Minkus is a lawyer with more than three decades of experience helping people in your position tackle the legal challenges involved with past convictions. We’re happy to answer your questions and schedule a case assessment at our Arlington Heights office discuss the specifics of your circumstances, but some general information is useful.
If you are convicted of certain crimes in your native country or the U.S., immigration authorities will designate you as “inadmissible.” This means you are not allowed to enter the U.S. legally, even if your record was expunged. Still, you may qualify for an exception if you were 18 or younger at the time of committing the crime and the conviction took place more than five years ago. Plus, there is an exception that applies for certain petty offenses.
Under U.S. immigration law, you may apply for a waiver of your inadmissibility, depending on your status:
Discuss Your Situation at a Case Review with a Post-Conviction Remedies Attorney
Over his 33 years of practice as a lawyer, Jonathan Minkus has represented many members of the Arlington Heights immigrant community in fighting for post-conviction relief. He has helped his clients avoid deportation and continue on with the immigration process to become U.S. citizens, when a criminal record would otherwise act as a bar. Mr. Minkus is also a former Illinois State’s Attorney with years of experience in criminal law, from the prosecutor’s perspective.
Post-conviction remedies aren’t suitable in every situation, so the first step to determining whether this type of relief is available is to discuss your matter at a case evaluation session. Mr. Minkus offers a free consultation to review your circumstances and determine the best approach for post-conviction for purposes of immigration. Please contact us at (847) 966-0300 with questions or to schedule a consultation at one of our conveniently located offices in the Arlington Heights area.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.