1/17/2007

It is reported that a green card holder has been experiencing enforcement action connected to the filing of I-90 forms to request new green cards. The reports indicate that permanent residents with outstanding warrants for their arrest have been arrested, detained, or issued Notices to Appear (NTAs) during I-90 interviews.

A green card holder files an I-90 when his/her green card is lost or stolen or the card expires and a new card is required. Even if the card expires, one is still in lawful permanent resident status. The card is simply proof that the individual holds that status. Previously, this process was strictly clerical, without the type of background checks that can generate enforcement action.

A person who has a green card is still subject to removal from the U.S. if s/he commits certain crime/s. The I-90 procedure is, apparently, being used to locate people with outstanding warrants. It appears that this technique is used regardless of whether the crime is a removable offense. Therefore, if there is an outstanding criminal matter or warrant of any type, the lawful permanent resident should take steps to resolve the matter prior to filing the Form I-90.

Even for permanent residents, certain crimes, as indicated above, can subject the individual to removal from the U.S. Even if the crime is not a removable offense, it will likely impact upon one's ability to become a U.S. citizen. One important requirement for naturalization is that the person must have had good moral character for the five years preceding naturalization. Any conviction during the five-year period prior to a grant of naturalization may result in a denial of the naturalization benefit. 

Any lawful permanent resident who is arrested should retain a criminal attorney who is either knowledgeable about immigration issues or is willing to work with an immigration attorney who is knowledgeable about criminal issues, to properly assess any potential impact on the individual's immigration status or future status.

 

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