Can a Minor Crime Affect My Immigration Status?

New York Immigration and Criminal Defense Lawyer Cory Forman

Video Transcript:

Rob Rosenthal:

If an immigrant has a minor crime on their record, does that mean they'll never be able to get permanent resident status? We're asking New York City lawyer Cory Forman for this Ask the Lawyers Quick Question.

Cory Forman:

That depends on what the minor crime is really, again, there's no such thing as a minor crime in the immigration world. For instance, if someone has a simple possession of cocaine, the answer is absolutely no. Even if it was from 20 years ago and they paid a fine, they are permanently inadmissible from the United States, and one of the things you have to do to apply for a green card is show that you're admissible. Under that kind of a situation, what we would do is try to get that conviction vacated by going back to the criminal court to file a motion to vacate the conviction, and often the basis will be, although not always, ineffective assistance of council in terms of the way the person was advised, on the way they were counseled through the process. But there are other procedural vehicles that could be used to vacate that conviction.

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