If you’re going through the immigration process to become a temporary or permanent lawful resident of the United States, you’ll be under scrutiny the entire time. It’s a lengthy and complicated process, and if you commit a crime during the proceedings, a lot can change.
A person who wants to become a legal resident will have to submit a series of applications to be considered for residency. It’s important to act like a model citizen, or your path to legal residency or citizenship will be denied during this process.
What Type Of Crimes Could Affect A Person’s Immigration Status?
In the world of immigration law, regardless if you are convicted of a felony or misdemeanor, any crime will put your immigration status at risk. Even legal tools such as expunging the crime from your record or having a reduced sentence won’t help you in your pursuit of legal immigration status.
A crime of moral turpitude would include “fraud, larceny, and intent to harm persons or things. If your crime ranks under “aggravated felony” or a “crime of moral turpitude,” your removal from the United States may even be expedited.
“Aggravated felonies” include crimes such as:
- drug or firearms trafficking
- sexual abuse of a minor
- child pornography
- money laundering, fraud, or tax evasion of more than $10,000
- theft or violent crime with a sentence of at least one year, regardless if you get the sentence reduced at some point
- espionage, sabotage, or treason
- perjury with a sentence of at least one year
If a person who wants to become a permanent or temporary resident has any drug conviction or even drug use, the crime jeopardizes their immigration status. If you had a green card, it would likely be revoked, and if you were in the process of obtaining one, it would be denied.
What Crimes Would Not Affect My Immigration Status?
Some crimes that courts consider “petty offenses” provide an exception in derailing your immigration status. A court finds a crime petty if “the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months.”
Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state.
Once I Get A Greencard Am I Safe If I Commit A Crime?
Just because you have obtained status as a legal resident does not mean committing a crime won’t jeopardize your ability to state in the United States.
If you commit a crime of moral turpitude during the first five years you are in the United States or commit two or more moral turpitude crimes; the United States can deport you.
Do I Need An Immigration Lawyer?
Regardless of if you have been convicted or accused of a crime, obtaining an immigration lawyer is an excellent idea to help make the process go smoother if you’re going through the immigration process.
The legal team at Fay Grafton Nunez provides deep immigration law experience to our clients. Our top immigration lawyer, Rebekah Grafton, formerly served in the Department of Homeland Security in their Immigration and Customs Enforcement Division. Our team will discuss your case’s merits with you and work to fight on your behalf to stay in this country.Read More
If you fear for your safety, filing a restraining order in North Carolina can provide you security and peace of mind.
North Carolina offers two types of domestic violence protective orders: an ex parte temporary protective orders; and final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).
Most victims will first seek an ex parte temporary protective order to receive immediate protection while pursuing a final domestic violence protective order in tandem.
How Do I File A Restraining Order In North Carolina?
Reach out to the legal team at Fay Grafton and Nunez to help guide you through the legal process of obtaining a restraining order in North Carolina. Our experienced attorneys will likely first file an ex parte temporary protective order to provide you immediate safety and then file for a restraining order. We can help you fill out the forms, in which you will have to explain the issue, what happened, and why you feel you need this restraining order. Our top rated attorneys will help you provide enough detail while keeping the explanation to the point. We will then file these petitions either in the county you temporarily or permanently live in or in the county where your abuser resides.
Once we file the order, at times, a judge may ask a few questions. The judge may sign the ex parte temporary order the same day, without your abuser present. If the judge does not sign the order, the court must hear the request within 72 hours.
The courts or law enforcement can not enforce the order until your abuser is notified. Once your abuser is notified of the ex parte order, they are restrained from contacting you or your children and other relatives.
This temporary order protects you and your family from your abuser until a full case can be heard. The case for the final domestic violence protective order will occur within 10 days from the ex parte order being granted or seven days from when the abuser is served. During this hearing, your abuser must be present and will have the opportunity to defend themselves.
Once issued, the final domestic violence protective order protects you for one year. As the deadline approaches, our legal team can help you request an extension of up to two years.
Has Covid-19 Affected Restraining Orders In North Carolina?
Due to COVID-19, North Carolina courts are operating at reduced capacity but are open and processing protective orders.
Victims of domestic violence in Alamance, Brunswick, Cumberland, Davidson, Davie, Durham, Forsyth, Guilford, Mecklenburg, Onslow, Orange, Rockingham, Rowan, or Wake counties can file online with the help of a local domestic violence service provider.
The Fay Grafton and Nunez team can also provide personalized advice and guidance to file a petition for a protective order for you swiftly. Our team has vast experience helping domestic violence victims utilize the law to protect themselves and their families when dealing with emotional abuse, physical abuse, or violence.Read More
Foreign-born specialized workers who wish to work in the United States need to obtain a visa to work. One common path is finding a sponsor, also their employer, to allow them to work in the country.
An H-1B Visa grants a specialized foreign worker a temporary allowance to work inside the United States.
Who Qualifies For An H-1B Visa?
A specialized worker in a technical field, or STEM fields, and fashion workers can apply for an H-1B Visa that allows their employer to sponsor them to work in the United States. During the process, the employer demonstrates the lack of qualified American applicants.
Some industries that allow H-1B Visas include: accounting, architecture, computer programming, engineering, international business management, law, journalism, medicine, modeling, and others.
To qualify for the H-1B visa, the applicant must have obtained a bachelor’s or master’s degree (or foreign equivalent, and that degree must meet the requirement for the job they’re working to fill. For example, a bachelor’s degree in journalism would not be appropriate for a finance job.
It’s essential to know the government caps the amount of H-1B visas it grants each year. The current statutory cap is “65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning,” per year, according to the U.S. Citizenship and Immigration Services.
How Do You File For An H-1B Visa?
Starting for the fiscal year of 2021, employers can complete the entire H-1B visa process electronically. The employer also submits all the required documents to the government on behalf of the applicant.
To submit an H-1B Visa, employers must first create an account online.
Who Pays For The H-1B Visa Fees?
The employer, or sponsor, pays for the worker’s application and visa fees. The current cost is $10 per beneficiary.
What Is the Process For Getting An H-1B Visa?
After an online account is created and the proper documentation provided, the online portal will mark the application as ‘submitted.”
“Submitted” registrations will remain in consideration for selection until the end of the fiscal year. At that point, all registration statuses will be Selected, Not Selected, or Denied,” according to USCIS.
If someone is “Selected,” they are selected to file an FY 2021 H-1B cap-subject petition. For those “Not Selected” may be contacted in the future if the H-1B regular cap or the advanced degree exemption allocations are not met. If someone is “Denied,” it is likely because of an invalid application or the registrant submitted multiple applicants.
How Should I Go About Obtaining An H-1B Visa?
To obtain an H-1B Visa, you’ll need to work with an employer who has offered you a job. If you’re concerned about the process of obtaining an H-1B Visa and want additional guidance, the team at Fay Grafton Nunez has vast experienced navigating nuanced immigration law.
Our team can help ease the process’s stress and provide guidance on the best course of action for you and your family.