My N-400 is denied on the ground of some criminal charges back in my home country. Now when my Green Card renewal is due, whether it will affect my Renewal application for GC ?
The issue will be whether the "criminal charges," as you put it, can be used as grounds to place you in removal proceedings as a lawful permanent resident. There is no good moral character requirement for the renewal of your green card. Whether or not these "charges" could be used as grounds of removal from the U.S. should be discussed with an excellent immigration attorney. Search Avvo for an experienced attorney. An attorney would not venture a definitive answer before reviewing your case and discussing it fully with you.
USCIS must renew your card as that is a ministerial duty. Only an immigration judge can take away your status. With that said, you should seek counsel immediately as any fraud charges / convictions can lead to removal proceedings. As well, you may have an argument that USCIS improperly denied the N400 as the incidents took place outside the good moral character period. Please retain counsel immediately.
I bet you did it pro se. As one of my colleagues eloquently pointed out there is an old English adage: those who represent themselves have a full for a client. Please listen to Justice STEVENS in Padilla v. Kentucky, 130 S. Ct. 1473 - Supreme Court 2010 - "Because nothing is ever simple with immigration law, the terms `conviction,' `moral turpitude,' and `single scheme of criminal misconduct' are terms of art"); id., § 4.67, at 130 ("[T]he term `moral turpitude' evades precise definition" Immigration law can be complex, and it is a legal specialty of its own. Some members of the bar who represent clients facing criminal charges, in either state or federal court or both, may not be well versed in it.
If attorneys who are not practicing immigration law yet well versed in other areas of legal profession can often make errors in foreseeing immigration consequences of criminal convictions, what can be expected of people without legal training? For some, these words are a theoretical excesise, while others find out in personal experience. Hence, maybe time has come for you to seek professional help?
Get free answers from experienced attorneys.
28,321 answers this week
3,070 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary