Criminal Convictions and Waivers in New York City

All too often, my office is confronted with someone from New York City (NYC) who has a criminal conviction and needs to apply for a waiver during a green card (permanent residency) application or while in Immigration Court in New York City. The fact that you may have been arrested or convicted of a criminal offense may not be the end of the world. Yes, certain convictions may bar you from being eligible for relief, however there may be waivers available. A waiver is basically a pardon, where immigration known as the United States Citizenship & Immigration Services (under DHS – Department of Homeland Security) forgives the offense. It is usually based on proving certain factors, such as hardship to the alien and/or qualifying relatives. A balancing test is usually applied where the positive and negative are weighed.

In many cases, all is not lost simply because there is a conviction. You should also however be aware that certain crimes which may not appear to be serious are offenses for which Immigration can deny your green card, or worse, deport or remove you from the United States. As such, if you or a loved one,
has had issues with the criminal justice system, do not gamble. Consult with an attorney!!!!!!!!