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  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Seeking a Green Card With a Criminal History

    A man in Kazakhstan was convicted of smuggling after there was an inventory shortage in a shipment he drove between locations. He insisted that he had nothing to do with the missing items, but he was convicted. Now he is entering the Green Card lottery and wonders, if he wins, whether his conviction will prevent him from being able to get legal permanent residency in the U.S.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Seeking a Green Card With a Criminal History

    The man should obtain certified copies of the court records relating to his conviction, with a certified English translation. He should then have a U.S. immigration lawyer review the documents to evaluate whether the conviction would be deemed a crime involving moral turpitude (CIMT) or an aggravated felony under U.S. law. If the conviction would be treated as either a CIMT or aggravated felony. If it's a CIMT he may be eligible to proceed to seek LPR status if he can obtain a waiver; for an aggravated felony, a waiver will likely not be available.

    He may wait to consult an immigration lawyer until after he gets a response on the DV lottery application, but he may want to get the documentation together in advance of that time.

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