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  • background checks

    My BF permanent residency card expired in FEB, we went to get it renewed but were told that as of may there are background checks, what kind of crimes will cause denial of renewal?

  • #2
    My BF permanent residency card expired in FEB, we went to get it renewed but were told that as of may there are background checks, what kind of crimes will cause denial of renewal?

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    • #3
      aggravated felonies

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      • #4
        any crime or conviction that deems one "inadmissiable" or "removable".
        Check the 8th U.S. Code and see for yourself; it's an extended list of almost any crime and violation. As a general rule, if any of the following two apply to you, talk to a GOOD immigration attorney:
        - plead "nole" or "guilty" in a court of law (and if you plead "not guilty"; were found guilty by the judge or the jury)
        - if any "punishment on your liberty" was imposed, including self-improvement classes, community service, probation, jail etc. (especially anything more than 90-180 days)

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        • #5
          Check on the INS website for Immigration Act, under section 237 (a) for any causes for removal or deportation. Look in Secion 101 for definition of certain crimes.

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          • #6
            Section 8 U.S.C. § 1101(a)(48)(A) and 8 U.S.C. § 1101(a)(48)(B) define the terms "conviction" and "term of imprisonment" in the following way:


            (48)
            (A) The term ''conviction'' means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where -

            (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

            (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.

            (B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.


            [http://www4.law.cornell.edu/uscode/8/1101.html]

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