There are certain circumstances which would increase the possibility of an arrest during a green card interview. The chances of an arrest depend upon whether the individual is considered a removal priority and, in particular, if there is a criminal history and/or an outstanding order of deportation. Even if someone is married to a United States Citizen in a bona-fide relationship, there are eight (8) situations in a person’s history that would render him or her at risk for arrest during an interview to obtain permanent residency. These include, but are not limited to, the following circumstances:
History of criminal arrests or convictions (e.g., theft, drug offenses, DUI)
Previous deportation proceedings before an Immigration Judge
Fraud or misrepresentation in connection with Immigration or related to the derivation of governmental benefits
Use or procurement of fraudulent documentation
Outstanding orders of removal or deportation orders
In absentia orders (e.g., the person failed to show up for court hearing)
Overstay of certain visas, such as a Visa Waiver (WT) or ESTA (Electronic System for Travel Authorization) visitor
If an intending immigrant has a criminal history or meets criteria for any of the aforementioned situations, it is important to obtain counsel from an experienced immigration attorney immediately. This is especially critical given the current political climate and mandates to strictly enforce immigration laws.
At the Shulman Law Group, LLC, we analyze your case thoroughly at the initial consultation to determine whether you qualify for relief sought and could face possible consequences at an immigration interview. In addition, if a waiver is necessary, we help to prepare individuals prior to their interview date by helping to assemble a compelling dossier of explanatory proofs, probative documentation, affidavits, and professional reports which would serve to explain mitigating circumstances which could allow for discretion and/or leniency on the part of the immigration adjudicator.