From Outlaw to Lawful: Adjustment of Status Approved

Navigating Criminal Inadmissibility

The general principle in U.S. immigration law is that a conviction for a firearms offense can make an individual permanently inadmissible to the United States. If they are already here, they can be removable (deportable). Whether a state conviction for carrying a concealed weapon triggers inadmissibility often depends on a detailed legal inquiry. This review compares the elements of the state crime to the federal definition of a deportable offense. As a defense, one may argue that the state statute’s elements are too broad to meet the federal definition. This would nullify the immigration consequences. If the arrest resulted in a conviction, you may be permanently ineligible to receive a visa.

Relief Granted: Termination of Proceedings

1. Post-Conviction Relief (PCR): The immigrant’s criminal defense attorney successfully filed a motion in criminal court to vacate, or legally invalidate, the underlying conviction due to a legal defect.
2. Successful Defense Against Removability: The immigration attorney proved that the government failed to meet its burden of proving the individual was removable under the specific federal statute.
3. Discretionary Waiver: Though less common for firearms offenses, the individual may have been eligible for a Waiver of Inadmissibility (like a Section 212(h) waiver).

The Adjustment of Status Advantage

Although the adjustment of status process typically takes longer than consular processing abroad, it offers several critical advantages. Adjustment of Status allows a nonimmigrant visa holder to become a permanent U.S. resident with a Green Card without leaving the United States. This is a vital benefit. Departing the U.S. can automatically trigger reentry bars for those with past legal issues. This would further complicate or even eliminate the possibility of returning. After you file your application, USCIS will review your case to determine if you are eligible for adjustment of status under the law. The process includes a thorough background check and culminates in an interview. The interview enables USCIS to verify important information about the applicant—including marital status, employment history, and any mitigating circumstances surrounding a criminal conviction. This helps USCIS determine eligibility for the Green Card.