World Journal Weekly Q & A - October 6, 2013
Q & A 1. 2.
Q&A 1.
Will Conviction for Morals Crime Endanger Green Card or Later Citizenship?
A boyfriend asks:
My girlfriend is a permanent resident who got her green card in August 2010. She has been convicted of prostitution. Will she have a problem later on if she applies to renew the green card or wants to become a U. S. citizen?
Dear reader:
First off, you and your girlfriend should review the charge and sentencing to ensure that she was convicted of one act of prostitution. If so, the question appears to be whether your girlfriend was convicted of prostitution prior to becoming a permanent resident in August 2010, or whether she was convicted thereafter. In the former situation, she would generally not have a problem if she had disclosed the conviction and gone through the necessary processes to become a permanent resident. If the latter situation, the conviction may give her a problem in applying for renewal of the green card or for U.S. citizenship.
In applying for renewal, she would likely receive a request for criminal records and the case would be reviewed to see whether there might be a basis to revoke lawful permanent residence. If applying for citizenship, the file is reviewed again for the same purpose and to see whether your girlfriend is a person of good moral character. In determining good moral character for naturalization purposes, U.S.C.I.S. will usually look at the five-year period before the date of application. An act of prostitution is generally considered a crime involving moral turpitude making it difficult for an individual to naturalize within the five-year period for good moral character.
U.S.C.I.S. may also review the basis upon which your girlfriend received her green card and look especially hard if obtained through marriage to a U.S. citizen or permanent resident. Then there might be suspicion cast on the very basis upon which she applied for the green card. If your girlfriend received her permanent basis on some other basis, her situation would be better. Then she would be likely not removable as long as she remained in the U.S. without traveling out of the country since she would not be deportable for one act of prostitution. There is a difference in the law between those who are deportable and those who are excludable (seeking admission). In her case, the deportation law applies to those committing crimes involving moral turpitude within five years after admission for which the sentence of one year or more may be imposed. I assume that the one act of prostitution would not be punishable by one year or more. So she would probably be safe if only considering the question of deportability. On the other hand, your girlfriend might be deemed inadmissible if she traveled outside the United States and reentered as she might then be excludable. If the matter was settled with U.S.C.I.S. prior to her obtaining her permanent residence, there would be no problem with her travels. If she did not, however, the law states that an individual is inadmissible for having engaged in prostitution within 10 years of the date of application for admission.
Q&A 2.
Reader Wonders if She Has to Leave the U. S. Where USC Husband has Filed Papers for Her.
A USC wife asks:
I’m married to a U. S. citizen and my husband filed my immigration papers. So far we got some papers approved, and I asked for time to stay in the country because I am pregnant. Do I have to leave the country to get my green card?
Dear reader:
As the spouse of a U.S. citizen, you would only have to leave the country to process your immigration if you entered the U.S. illegally or under certain types of non-adjustable visa statuses, e.g. transits without visas, crewmen or stowaways, and did not have the benefit of section 245(i). (Under the latest iteration of that provision, most illegal immigrants who have labor certification applications or immigrant visa petitions filed by April 30, 2001, are allowed to adjust status to permanent residence if they have the basis to do so, pay the fine of $1,000, and were physically present in the States on December 21, 2000).
If you do not fall within the above categories, you would generally be allowed to adjust status to permanent residence in the U.S. without leaving. In your case, it is difficult to understand exactly what you have done, but I will first assume that you have sent in an application for adjustment of status on both forms I-130 Petition for Alien Relative and I-485 Application to Adjust Status to Permanent Residence, and that you have received the I-130 approval already. I will also assume that you are here on a visa which expired and that you already requested an extension of non-immigrant status because you were pregnant. If you already filed for Form I-485 adjustment of status to permanent residence, you did not have to file for a temporary visa extension as the I-485 filing placed you in a quasi-legal status under which you can stay until the application is decided. If my first assumption is incorrect and you only filed the I-130 relative petition, you can file the I-485 adjustment of status application now even if your present non- immigrant status is expired if you do not fall within the classes of non-adjustable entrants, e.g. J-1 exchange visitor visa holders subject to two-year foreign residence requirement or those with excludable crimes.
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