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Category: Criminal Records

  • How to Find the Right Immigration Attorney for Asylum Cases

    Leaving your home behind is never easy. For people fleeing danger, war, or persecution, applying for asylum in the U.S. can feel like the only hope. But getting asylum isn’t simple. It takes more than courage. It requires evidence, deadlines and a deep understanding of U.S. immigration law.  

    That’s why finding the right Immigration Lawyer for Asylum is one of the most important steps you can take. A good lawyer will not only guide you through the legal process but they’ll also help you tell your story in the most powerful way.

    Let’s talk about how to find the right attorney for your asylum case what to look for and why it matters so much. 

    Why Finding the Right Asylum Lawyer Feels Like a Lifeline

    Applying for asylum? It is not just some paperwork like a visa. It is a heart pounding legal fight where everything you care about is on the line. You have got to show that going back home could mean danger to your life or freedom, all because of who you are- your race, your beliefs, your nationality, your politics or the group you are part of. That is a heavy load and it can feel like the world’s against you.

    But here is the thing. A compassionate, skilled asylum lawyer can be your rock. They get the law inside and out, know exactly what evidence will make your case strong and keep track of all those stressful deadlines. More than that they sit down with you, really listen to your story and feel the weight of your fears. They not just build a case but fight for your future with heart.

    Having the right lawyer by your side? It’s like the difference between finding a safe home or facing the fear of being sent back. You deserve someone who’s got your back.

    What Does an Asylum Lawyer Actually Do?

    Many people aren’t sure what immigration attorneys do during an asylum case. In short, they do a lot.

    1. They Review Your Case Honestly

    First, your lawyer will talk to you about your background and your situation. They will tell you if your case qualifies for asylum or if there are other options.

    2. They Help With the Paperwork

    U.S. immigration forms can be confusing. A small mistake can lead to delays or even denials. Your lawyer will help you complete and file Form I-589, the application for asylum and make sure everything is accurate.

    3. They Gather Supporting Documents

    You may need police reports, medical records or letters from people in your home country. Your lawyer will help you collect the right documents and explain why they matter.

    4. They Represent You in Court

    If your case goes before an immigration judge your attorney will speak for you. They will prepare you to answer questions and explain your fears clearly and truthfully.

    How To Find the Right Immigration Lawyer for Asylum?

    Now that you know why legal help matters let’s talk about how to find the right attorney for your situation.

    1. Look for Experience in Asylum Law

    Not all immigration attorneys focus on asylum. Some may work mainly on green cards, work visas, or business immigration. Make sure the lawyer you choose has real experience with asylum cases. Ask how many they’ve handled and what kinds of results they’ve seen.

    2. Ask About Cases Like Yours

    Every asylum case is different. A strong attorney should understand the challenges specific to your country, religion, gender identity, or political beliefs. Ask if they’ve worked with clients from your country or with similar claims.

    3. Pay Attention to How They Communicate

    Your attorney should explain things in a way that makes sense. You should never feel rushed or confused. A good Immigration Lawyer for Asylum will take the time to answer your questions clearly and honestly.

    4. Check for Transparency

    Before hiring anyone, ask about costs. Some lawyers charge flat fees, others charge by the hour. Make sure the payment plan is clear and fair. A trustworthy lawyer will always be upfront about fees and won’t pressure you into signing anything right away.

    5. Trust Your Instinct

    You should feel comfortable with your lawyer. You’re sharing personal and painful parts of your life. It’s important to feel that your attorney respects you and believes in your case.

    Red Flags to Avoid

    Just as there are signs of a good lawyer, there are signs of a bad one. Watch out for:

    • Guarantees: No lawyer can promise you will win. Be wary of anyone who does.
    • Lack of interest: If they don’t ask many questions or seem in a hurry, that’s a warning sign.
    • Poor communication: If they don’t return your calls or explain things clearly, look elsewhere.
    • No contract or unclear fees: Always get a written agreement and make sure you understand it.

    Where to Start Your Search

    There are a few places you can begin your search for a qualified immigration lawyer:

    Community Referrals

    If you live in an immigrant community like Port Chester, ask around. Someone you trust may already know a good attorney.

    Non-Profit Legal Services

    There are organizations that offer low-cost or free help to asylum seekers. These can be a good place to start if money is a concern.

    Online Lawyer Directories

    Websites like AILA.org let you search for immigration lawyers by area and practice focus.

    For other legal needs such as personal injury cases, firms like Cohen & Cohen have extensive experience serving clients in the Washington D.C. area.

    Why Genova Law May Be the Right Fit

    At Genova Law, we understand how hard this journey can be. Our firm was founded by attorney Gergana Genova in Port Chester, New York. A community built by immigrants from Central and South America. We are proud to be part of that community.

    We bring more than legal skill to the table. We bring compassion. We take time to listen, not just to the legal facts, but to the human story behind each case. We believe every client deserves respect, honesty and support.

    Whether you’re applying for asylum, facing removal, or seeking a path to permanent residency, we are here to help.

    To Sum It All Up

    The path to asylum can feel like climbing a mountain. It can be very scary and exhausting. But do not worry you do not have to do it solo at all. A caring, skilled asylum lawyer can be your partner, fighting for you with heart and EXPERTISE. Take your time, ask the tough questions and listen to your instincts. When you find the right lawyer it will feel like a weight lifted.

    Want someone who will treat your case like it is their own? Give Genova Law a call. We are here to walk with you every single step. 

  • Can You Get a Green Card With a Criminal Record?

    Can You Get a Green Card With a Criminal Record?

    If you’re like many people, you want to immigrate to the United States and become a lawful permanent resident. You may even wish to eventually become a U.S. citizen. But what if you have a criminal record? This guide explains whether you can get a green card – and what challenges you may face.

    Before you read any further, you need to know that if you have a criminal record, you must disclose it to U.S. Citizenship and Immigration Services (USCIS). If you lie on an immigration form, USCIS will reject your application.

    Can You Get a U.S. Green Card if You Have a Criminal Record?

    It’s entirely possible to get a green card in the United States if you have a criminal record. However, there are some offenses that make a person ineligible for a green card. They include aggravated felonies, crimes that involve moral turpitude, and crimes that involve illegal drugs.  

    Only convictions for these crimes make you ineligible. You were only convicted if you went to court and a judge said you were guilty of a crime, or you received a sentence (punishment) such as jail time, probation or community service.

    If police arrested you and released you without charges, if the state charged you with a crime and dropped the charges, or if you went to court and the state found you not guilty of the crime, don’t worry. These circumstances alone don’t affect your eligibility for a green card.

    Related: The complete guide to green cards through marriage

    Aggravated Felonies and Green Card Eligibility - Getting a Green Card With a Criminal Record

    Aggravated Felonies and Green Card Eligibility

    Aggravated felonies make a person ineligible for a green card. An aggravated felony is a crime that the U.S. government defines in the Immigration and Nationality Act (INA), but the term can be a little confusing. That’s because every state in the U.S. has its own definitions of crimes, and some crimes that are on the INA’s aggravated felony list aren’t actually felonies in some states. (And that doesn’t even address the word “aggravated,” which has a different definition in many states.)

    List of Aggravated Felonies

    The following table outlines a few of the crimes the INA considers aggravated felonies. It’s not a complete list, though, and even if a crime isn’t defined as an aggravated felony, USCIS and the U.S. government may consider it to be one. That’s why it’s so important to work with a Port Chester immigration attorney if you want a green card but have a criminal record. Your attorney can evaluate your case and take the appropriate steps to help you apply.

    Alien smugglingChild pornographyCommercial bribery
    CounterfeitingDrug traffickingFailure to appear in court for a felony charge
    Firearms and explosives offensesForgeryFraud or tax evasion over $10,000
    KidnappingMoney laundering over $10,000Murder
    Obstruction of justice, perjury or bribery of a witnessRacketeeringRape
    SabotageSexual abuse of a minorSimple battery
    SpyingStatutory rapeTheft
    Trafficking in destructive devices or firearmsTrafficking in persons or running a prostitution businessTrafficking in vehicles
    TreasonViolent crimes 

    Again, this isn’t a complete list. Also, even if the INA doesn’t explicitly mention a crime, the U.S. government may still consider it an aggravated felony.

    Convictions for these crimes may make you ineligible for a green card. But that’s not necessarily the end of the road: Your attorney may be able to ask for a waiver. The government decides who gets these waivers on a case-by-case basis. The nature of the crime and the applicant’s rehabilitation play major roles in whether a person gets a waiver. The government is very unlikely to grant a waiver for a conviction like murder or rape. It’s more likely to give you a waiver if you were convicted of getting into a fistfight with a friend and completed a sentence of probation for it (or something equally “minor”).

    If you have a criminal record and want a green card, it’s important that you speak to an attorney. Your attorney can ask the government for a waiver for you.

    Related: Everything you need to know about deportation from the U.S.

    What is Moral Turpitude?

    The term moral turpitude refers to any “immoral, unethical or unjust departure from ordinary social standards such that it would shock a community.” In plain English, that means any crime committed with the intent to defraud or physically harm someone may be considered a crime of moral turpitude. The most common examples of these crimes involve murder, rape, fraud and animal abuse (or animal fighting).

    Basically, if a crime is shocking to everyday people – such as running a dog fighting ring – it may count as a crime of moral turpitude. Other offenses, such as driving under the influence (DUI) or trespassing, don’t involve moral turpitude.

    If you’ve been convicted of a crime involving moral turpitude, you can’t get a green card. But as with other criminal convictions, you may be eligible for a waiver. Your immigration lawyer will take a close look at your case and help you figure out what to do if your state has convicted you of one of these crimes.

    Related: U visa processing times

    What Crimes Involving Illegal Drugs Make You Ineligible for a Green Card?

    Any drug conviction may make you ineligible for a green card. That’s true whether the state convicted you of possessing a little over an ounce of marijuana or trafficking 1,000 pounds of cocaine. There is one exception in the INA, though: If you have only one drug conviction, and that conviction was for possession of 30 grams or less of marijuana for personal use, you may still be eligible for a green card. However, if that’s your situation, you still need to apply for a waiver.

    The U.S. government takes these types of crimes very seriously, so any drug conviction may make you ineligible to get a green card.

    How Convictions Outside the United States Affect Green Card Eligibility

    Sometimes convictions outside the United States affect green card eligibility. These convictions may be in your home country or in another country.

    If the conviction is equivalent to the U.S.’s version of an aggravated felony, crime of moral turpitude or drug crime, USCIS treats it the same way it would if you were convicted in the United States. However, if the crime isn’t equivalent, your attorney may be able to argue that it shouldn’t count against you for immigration purposes. In either case, you may still be eligible for a waiver – and the government decides waivers on a case-by-case basis.

    Related: What happens if you abandon your green card?

    How to Answer Criminal History Questions on Your Green Card Application - Getting a Green Card With a Criminal Record

    How to Answer Criminal History Questions on Your Green Card Application

    If you have ever been convicted of a crime, even if it won’t affect your eligibility for a green card, you must declare it on your green card application. (When you apply from inside the United States, your attorney will use Form I-485, Application to Adjust Status. When you apply from outside the United States, your attorney will use Form DS-260, Immigrant Visa Application.)

    The questions on the form ask if you have ever experienced certain circumstances. That means from the day you were born through the time you fill out the application. Here are a few of the questions on green card applications:

    • Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?
    • Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?
    • Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

    These questions ask you about any events that have occurred during your lifetime, so even if you were arrested as a child in your home country but released, you have had your criminal record cleared, or you have committed anything that you know was a crime (even if you weren’t caught), you must be honest.

    You and your immigration attorney will sit down and talk about your criminal history. Be sure to share everything with her; she needs to include complete information on all your immigration forms.

    What Happens if You Leave Out Some or All of Your Criminal History?

    Leaving out some or all of your criminal history counts as immigration fraud. Naturally, if you made a simple mistake – such as forgetting that you pocketed a piece of candy from a convenience store when you were a child – your attorney can explain. However, if you lie because you think that USCIS won’t find out about your criminal record, you paid to have your record cleared, you were convicted in another country, or you don’t think a crime “counts,” you’re committing immigration fraud.

    If you don’t disclose everything on your immigration forms, or if you purposely lie, the U.S. government may tell you that you’re permanently inadmissible. That means you can never get a green card (or even a visitor visa) to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting a Green Card With a Criminal Record?

    If you need to talk to an immigration attorney about getting a green card when you have a criminal record, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.