I've a commercial misdemeanor burglary case recently. My green card will expire in 6 years. Do the government check criminal background for renewing the green card? If so, will it be hard to renew it? Does the rehabilitation help the renewing?
The amount stolen for burglary was about $50 only.
Yes, you may have a challenge. Burglary may be considered what is called an aggravated felony that can result in deportation without relief. However, there are exceptions that are best explained after reviewing a certified copy of your conviction and other documents and records that are part of your criminal case. Perhaps, an effort to vacate your conviction may have to be undertaken with a criminal attorney, but this is unclear.
A person can be deported for burglary, even if they did not spend a day in jail. A suspended sentence of one year may cause challenges depending upon the state in which the conviction was entered, among other factors. At times, there may be other reasons to put you in deportation proceedings that were unknown.
While it is true that 'not all' burglary convictions can trigger deportation, many can cause a permanent deportation order 'without the right' to file for reasonable relief, such as cancellation.
I strongly recommend an appointment or teleconference with a candid, experienced, thorough and unbiased immigration attorney.
You may be able to renew, and perhaps file for citizenship by naturalization, but it is unclear if you will be able to avoid challenges and possible permanent deportation with little to no realistic relief.
The above is general information and does not create an attorney client relationship.
The short answer to your question is yes, when you seek renewal of your "Green Card" you will be required to give your biometrics to the government. Your electronic fingerprints will be sent to NCIC (National Crime Information Center) operated by the FBI. There your fingerprints will be checked against all local, state, and federal databases and any arrest or conviction will be located.
Your conviction for burglary in the second degree, is considered a CIMT (Crime Involving Moral Turpitude) and may very well be considered an Aggravated Felony.
If it is an Aggravated Felony, then you will have little opportunity to stop any deportation proceeding brought against you.
If it is a CIMT, then you may have some relief available, however, there are many complications that could impact any potential relief.
You MUST consult with an experienced immigration attorney who understands deportation defense. The good news is that you have some time before you must file for renewal and you may be eligible for some type of post-conviction relief of your conviction.
Stanley Dale Radtke, Esq.
220 Montgomery Street, Suite 416
San Francisco, CA 94104