I just completed my adjustment of status interview (application for a green card interview) based on my marriage to an USA citizen. At the end of the interview, I was given a document requesting more evidence because of an arrest. Will my arrest records affect me getting a green card?

When it comes to criminal issues and filing for a green card, it is extremely important that a particular person with an arrest record for a criminal offense speak with an experienced immigration lawyer. There are certain criminal offenses which may affect the possibility of an approval. There are some offenses that may outright be a bar for getting a green card approved. There are also some offenses that may allow a person to apply for a waiver, which essentially is a pardon. So, depending on the nature of the offense and the totality of the criminal record which may affect good moral character, it is always wise that you speak with an immigration lawyer before you even file the case. The actions taken or not taken may directly impact the results of your case, as well as a possibility that you might be placed in removal proceedings.

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I have been in the United States for 10 years. Recently DHS Immigration ICE contacted me and put me in deportation. I have a hearing coming up in front of the Immigration Court Executive Office fire Immigration Review at 26 Federal Plaza, New York NY with an Immigration Judge. I am from a country that punishes people for free speech and does not tolerate any criticism of the government. I have never requested asylum before. Can I still apply for asylum even though I have been here a long time?

Although there is a requirement that asylum applications should be filed within one year of entering the USA, the law does allow for exceptions to the 1 year rule. There are exceptions that may make a person eligible for asylum even though it’s been more than a year. However, even if someone does not have a viable excuse for not filing asylum within a year, they can still be considered for withholding of removal, which will also essentially permits a person to stay in the United States. There are somewhat intricate differences. Speak to an exerienced immigration lawyer that is often at 26 Federal Plaza, New York City.

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