Massachusetts Immigration Lawyer Blog

These days, it is not easy to get a job or housing benefits. And it is even tougher if you have a criminal record. To make things easier, criminal lawyers often recommend having your criminal record expunged or sealed. This can be great advice for people seeking work or housing benefits as you will effectively have no criminal record once your criminal record is expunged or sealed. Your Massachusetts CORI criminal history report will show "no adult criminal record," and you can honestly say you have no criminal record when applying for jobs and housing benefits.

But sealing or expunging your criminal record does not free you from immigration consequences resulting from a criminal record.  A conviction--even if it's been sealed or expunged--can still trigger your deportation.  And USCIS (U.S. Citizenship and Immigration Services) can deny your green card or citizenship application because of a sealed or expunged criminal record.

And sealing or expunging also doesn't free you from your obligation to disclose your criminal record on immigration forms.  If you apply for adjustment of status, citizenship or a visa at a U.S. consulate abroad, you will have to disclose your criminal record, even if the case was sealed by a Massachusetts state court judge. Failure to disclose a sealed criminal record in an immigration interview could be considered false testimony, which would give USCIS grounds for denying your immigration case.

An even more complicated problem is that USCIS generally will not approve your green card or citizenship application unless you provide court-certified copies of the final disposition for each criminal appearance. But if your case is sealed, no record will exist in the court's file. So it is generally impossible to obtain a certified disposition of your case once it has been sealed. The only solution to this dilemma would be to go back to Massachusetts state court and ask the judge to unseal your case simply so that you can get a copy of the disposition--not a fun task.

If you're considering sealing or expunging your criminal record, and you don't have U.S. citizenship, think through your options carefully and consult with a competent, effective. immigration lawyer. If you have more questions about how a criminal case could affect your immigration options, call my Boston office today at (617) 722-0005 and schedule a consultation. I'd be happy to offer you my advice.

Since I'm an immigration attorney, I'm often asked for my opinion on the immigration consequences of criminal convictions and activities. Yesterday, a criminal defense attorney in Boston asked me whether, in Massachusetts, a non-citizen youth who breaks the law and who is found delinquent by a juvenile court could end up being deported as a result of the juvenile delinquency finding.

The short answer is no. According to the Board of Immigration Appeals, a juvenile adjudication isn't considered a criminal conviction for immigration purposes. The logic behind this rule is that juvenile proceedings are not criminal. So a delinquency finding on a deportable offense will not cause a juvenile to be deported.

But beware: juvenile adjudications can trigger other adverse immigration consequences. They can be used to bar a finding of "good moral character", which is a requirement for naturalization and other forms of relief from deportation such as cancellation of removal. Also, as a discretionary matter, Immigration Judges can view juvenile activities as a negative factor when considering any application for relief from deportation.

And some immigration provisions don't require the existence of a conviction and can be based on an admission of guilt or merely a perceived "reason to believe" that the person has been involved in criminal activity. For instance, a person can be denied adjustment of status to permanent residency or entry into the United States based on an Immigration Judge's "reason to believe" that the person has been involved in drug trafficking or money laundering. The "reason to believe" could be based on non-criminal juvenile proceedings.

To summarize my advice, a youthful offender conviction or a juvenile delinquency finding is not considered a "conviction" for immigration purposes and, therefore, can't be the basis for deportation. But such adjudications should be avoided because they could affect a person's immigration status in other ways.

Two final points:

1. Massachusetts Youthful Offender Law: This statute permits children between the ages of 14 and 17 to be prosecuted as adults when charged with serious felony crimes. It is possible that at some point, immigration authorities could make a legal argument that youthful offender convictions should carry the same immigration consequences as adult convictions. But from my research, no federal cases, published Board of Immigration Appeals decisions or other legal authority support this position.

2. Juvenile dispositions must be disclosed:  Appearances in juvenile court, although not criminal, must be disclosed on immigration forms such as applications for adjustment of status to permanent residency (I-485), and applications for naturalization (N-400).

If you have further questions about the deportation, juvenile proceedings, or possible immigration consequences, feel free to call me at (617) 722-0005. Schedule an consultation with me in my Boston immigration offices. I'd be happy to help you.

On behalf of the lawyers in my Boston immigration office, I say congratulations! You just got your green card and are now a lawful permanent resident of the United States! Below are some general tips to avoid future immigration problems and continue on a smooth path towards citizenship.

I-751, Petition to Remove Conditions on Residency--Get Ready! If you have a two-year green card (i.e., conditional residency based on marriage), remember that 90 days before the expiration of your green card, you and your spouse, together, will need to file a petition to remove the conditions on your permanent residency. This petition is called an I-751.  In order to get your I-751 petition approved, USCIS will expect you to submit extensive documentation to show that the underlying relationship between you and your spouse has been on-going since your I-485 was approved and that you continue to share your lives together.

Prepare for citizenship by recording your trips outside the U.S. If you travel outside the U.S. after you get your green card, write down the date that you left the U.S. and the date that you returned to the U.S for every trip you take after your I-485 is approved. You will need this information when you apply for citizenship. Some of my immigration clients mistakenly believe that their passport will contain stamps that will memorialize each of their trips abroad.  This is not necessarily true. These days, passports are machine-readable, and they often are scanned rather than stamped when you leave certain airports or when you cross the border via land to Canada. Thus, because your passport may not be stamped when you leave and enter the U.S., you cannot rely on it as an accurate record of your trips abroad. Keeping a record of your trips as you take them will save you time and effort when you apply for citizenship.

Don't "abandon" your green card. As a permanent resident, you certainly are not legally required to remain within Massachusetts. In fact, one of the great benefits of being a green card holder is that you are free to travel within the U.S. and internationally. But, if you want to keep your green card, only temporary trips outside the United States are permitted. As a permanent resident, you could have future immigration problems if you travel outside the United States frequently or if the duration of your trips abroad are lengthy. From my experience working with immigration clients in Boston, the most effective way to lose your green card is to move abroad. Take a look at your green card and you will see the words permanent resident card at the top. Remember, the green card is not permanent but does require you to reside permanently in the United States.You should avoid staying outside the U.S. for more than 6 months continuously. You should not remain outside the U.S. for an extended period of time without first consulting with an immigration lawyer in Boston.

If you have a green card, you must notify the Department of Homeland Security of any changes of address. As a green card holder, it is your responsibility to notify the Department of Homeland Security of any address changes. You can do this by filing Form AR-11. I recommend that you file Form AR-11 online through the U.S. Citizenship and Immigration Service (USCIS, formerly the INS) website. Once you have submitted Form AR-11, keep a copy of it for your records. If you have a green card and also have an immigration application that is pending with USCIS, you must also separately notify USCIS of any changes of address by calling its National Customer Service Center at 800-375-5283.  As an immigration lawyer, I handle change of address notification for all of my immigration clients and maintain records of each address change.

Don't commit crimes! (especially during the first five years after you become a permanent resident)  Of course, it's generally a pretty bad idea to break the law.  But green card holders have no room for error.  Many people are shocked to discover the incredibly harsh immigration consequences of seemingly minor criminal offenses. Shoplifting, for instance, may be considered a relatively petty misdemeanor under Massachusetts law. But, if committed within the first five years of your status as a green card holder, a Massachusetts shoplifting conviction could result in your certain deportation from the United States without any chance for relief.

If you have ever appeared in a criminal court, do not travel outside the United States without first consulting with an immigration lawyer. I constantly meet with immigration clients in Boston who have criminal convictions and who mistakenly believe that one or all of their previous criminal cases were dismissed. Keep in mind that a Massachusetts district court judge may have told you that your criminal case was dismissed, and your criminal defense lawyer may have also told your that your criminal case will not show up on your record; but for immigration purposes, you may still have a criminal conviction!  Before you book your flight abroad, call me and set up an immigration consultation in my Boston office.

Again, congratulation on becoming a permanent resident. I hope these tips help guide you towards U.S. citizenship.