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Will Immigration Officers Consider My Juvenile Criminal Records To Immigrate?

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Will Immigration Officers Consider My Juvenile Criminal Records To Immigrate?

Skilled Immigration Attorneys in Los Angeles

Will Immigration Officers Consider My Juvenile Criminal Records To Immigrate?It only takes one moment, one decision, and ultimately one mistake to risk your chance at immigrating. Sometimes it hardly seems fair for your case to get based on a decision you made as a teen. The U.S. Citizenship and Immigration Services (USCIS) takes every aspect of immigration seriously. Before you apply, it’s best to consult with our law offices of immigration in Los Angeles first if you or a loved one has a juvenile criminal record.

It Happened Years Ago – Why Do They Need to Check My Juvenile Records?

Checking your background history is a matter of national security. The USCIS is responsible for protecting citizens and ensuring the immigration process goes as it is intended to. They conduct routine security checks to rule out fraudulent immigration applications or applicants with criminal intent.

The Federal Bureau of Investigation (FBI) and other agencies have a hand in the screening process. Circumstances differ per client. For instance, if you hope to naturalize, the security check will be more thorough than applying for a non-immigrant visa. There are a few exceptions, which is why it’s best to have a Los Angeles crime and immigration lawyer by your side.

How Do Records Get Handled in Criminal Court Systems

The U.S. juvenile court hearings may differ significantly from your country of origin. In other words, there is no criminal record if you didn’t get convicted. Most juveniles that get charged and convicted as adults will see it’s permanently listed on their record. It’ll remain public years later even if you don’t commit another offense.

You might be able to get the record expunged with the help of a criminal immigration defense attorney in LA if you have not committed any other offenses for many years. Be mindful that it’s harder to expunge adult offenses than seal a juvenile record—most seal evidence of juvenile convictions by 18 years old to prevent the USCIS from seeing the crime.

USCIS & Juvenile Convictions

  • Juvenile offenses remain on your record for five years.
  • Suppose you were 16 years old when you got charged with an offense. That record would be available until you are 21 years old.
  • We recommend younger visa applications to hire an immigration lawyer in LA!
  • The USCIS does not consider most juvenile convictions after five years have passed unless there is another conviction.

The USCIS might excuse offenses of moral turpitude because juveniles do not have the same moral compass as adults. Petty offenses are another exception for juvenile convictions. In legal terms, a “minor offense” would be shoplifting a small item or minor vandalism.

Three-Step Background Check

  • First, the USCIS will administer an Interagency Border Inspection System (IBIS) Name Check. They use a database to assess your records. They can investigate further if there is any indication you committed a crime.
  • Next is an FBI fingerprint. For green cards, naturalization, or other visas, you usually have to get fingerprinted after submitting your application.
  • Last, if the FBI finds a match, they will notify the USCIS of any discrepancies or criminal history. Keep in mind that anyone who has been arrested in the U.S. will appear.

Whether you get your criminal record expunged or charges dismissed, the USCIS will still require full disclosure of all arrests. Be honest and mention your criminal history. If you don’t, you risk ruining your chance at a successful application. The worst thing you can do is lose credibility with Immigration Services.

Hire An Immigration Lawyer!

If you have any criminal history or have engaged in minor offenses, you should speak with an experienced criminal immigration attorney in LA immediately. We can help you understand your rights and present your account in the best way to give you a chance at obtaining your visa. We can also disclose whether your records are so severe that applying might not be in your best interest.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results.

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.