Whether it’s bad judgement or a mistake that leads to a criminal conviction, the implications can be serious for a person’s future. When that individual happens to be someone working to become a U.S. citizen the consequences are profound. A criminal record can make you ineligible for the immigration process or even put you at risk for deportation.

Fortunately, you do have options to address your criminal history and ensure your record doesn’t impact the immigration process. The eligibility rules are as complicated as the proceedings themselves, but you increase your chances of success by hiring a knowledgeable lawyer to represent your interests. Many individuals in your position have trusted attorney Jonathan Minkus to keep the doors of opportunity open for purposes of immigration. Please contact our Northbrook office for a case assessment discuss the specifics of you matter, as you review some general information on how post-conviction relief works.

Criminal Conviction and Immigration

If you are convicted of certain crimes in your home nation or in the U.S., you will likely be considered inadmissible to enter the country legally. This is true whether or not you expunged your criminal record or went through the record sealing process. However, there are certain exceptions if you were under 18 at the time of your arrest and the conviction was more than five years ago. Another exception applies for crimes considered “petty” offenses.

Inadmissibility Waivers

There is a process under U.S. immigration law to waive your inadmissibility, but the requirements depend on your status:

• Non-Immigrant: You must file an application with immigration officials that establishes you are not a threat to U.S. interests or residents. On the form, you’ll include information about the crime you committed and your reasons for coming to the country. As a non-immigrant, you work with the U.S. consulate in your native country.
• Immigrant: The application is similar to a non-immigrant process, except that you must prove that you have a “qualifying” relative who is a U.S. citizen or resident already living in the U.S. You must also provide details on how being denied entry would result in a hardship for that qualifying relative.

Schedule a Case Review with a Skilled Post-Conviction Relief Lawyer

Attorney Jonathan Minkus has dedicated 33 years of legal practice to pursuing all types of post-conviction remedies for members of the Northbrook immigrant community. He has represented clients charged or convicted with various crimes, helping them secure post-conviction relief and waivers so they’re able to become US citizens or avoid deportation.

In addition, Mr. Minkus is a former State’s Attorney for Illinois, so he brings unique experience in the area of post-conviction relief. To determine whether this type of remedy suits your situation, he conducts a case assessment to look at the facts involved and seek out the best options available under the law.

We offer free case reviews to discuss your options for post-conviction remedies in the context of immigration cases, so please contact us today at (847) 966-0300. We can also schedule a consultation at our convenient locations in the Chicagoland area.