When applying for a replacement green card the criminal history of the alien is not relevant. The alien is entitled to proof of status until that status is terminated by an Immigration Judge. If during the course of the renewal process it comes to the attention of USCIS that the alien may be amenable to removal proceedings, USCIS can refer the alien’s file to ICE for possible initiation of removal proceedings. Thus, it is far from clear that the criminal records have been “overlooked”.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
A person can be admissible to the US even with juvenile offenses. The person had to be under 18, and the matter must have occurred more than five years before the application for the immigrant visa.
In other words, if he was admissible the first time and received green card, despite the juvenile matters, those matters will not prevent the renewal of the card.
This post is not legal advice, and does not create a lawyer-client relationship.
Without knowing all the facts of the case, we would just be speculating.
The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
More information is needed in order to answer your questions.
If you need more information, please contact our immigration law firm for a consultation.
Immigration Legal Team
Bogle & Chang, LLC
Phone: (800) 342-1733 ext. 101
The I-90 renewal is just a renewal of the evidence of your friend's PR status. That does not mean that his case wasn't referred to a different office to review whether he should be put in removal proceedings based ont he results of the fingerprint check -- that is what has been explained in Liaison minutes between USCIS and the American Immigration Lawyers Association. There was a brief period of time several years ago when PR's were required to bring criminal records to fingerprint appointments but that is not routinely required.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law