Immigrants seeking to become green card holders often have a difficult time determining whether they are eligible or not, due to the complex legal requirements involved in this process. The immigration lawyers at Berd & Klauss, PLLC know that one such topic of concern for many immigrants is their ability to obtain a green card if they've previously committed a crime.
Not long ago, the U.S. Court of Appeals for the Fourth Circuit reversed a decision which denied (due to eligibility) the application for relief from inadmissibility under the 2-12 H Waiver of the Immigration and Nationality Act due to an aggravated felony conviction. Prior to this decision – Mendoza Leiber v. Holder – non-citizens who had violated immigration laws and/or committed a crime were typically ineligible to obtain or re-obtain permanent residence because of their violation of civil or criminal law.
Now, an aggravated felony conviction no longer makes an individual ineligible in their application for the 2-12 H Waiver, in their efforts to become a green card holder. Since "aggravated felonies" is such a broad category, it used to be that individuals convicted of shoplifting or bouncing a check were committing a "theft offense" felony, and were thus found ineligible for waivers.
But not anymore.
This is an important aspect of current immigration law that immigrants should be aware of when seeking to obtain a green card. The immigration attorneys at Berd & Klauss, PLLC in NYC pride themselves on providing the best possible legal services to non-residents, helping them navigate the complex waters of modern immigration law. To learn more about Berd & Klauss, PLLC, simply visit them online, or call (212) 461-7152.