Travel Alert

Know Before You Go:
Traveling Abroad Is Risky for Permanent Residents with Past Criminal Records

The new Department of Homeland Security has implemented a highly
efficient airport screening system to identify permanent residents with past criminal convictions, in some case going back 20 years or more.

Many of these permanent residents who have been re-admitted to the
United States without difficulty after past trips are now being placed in
removal proceedings when they return from a trip abroad.

We encourage you to get legal advice before making travel plans, so
that you can get a complete understanding of whether your criminal record could put your green card at risk, and avoid unpleasant surprises when you return from your trip.

The new Department of Homeland Security has changed its screening
procedures for legal permanent residents of the United States who have criminal records. Green card holders with past criminal convictions now are being identified at the airport and placed in "secondary inspection" for questioning when they return to the United States after traveling abroad. In most cases, they are then given an appointment slip for the Deferred Inspections Unit in Room 931 at 630 Sansome Street in San Francisco. Later, after the Deferred Inspections Unit has verified the criminal record, the person is given a Notice to Appear for removal proceedings in Immigration Court. Some people have been taken into custody, depending on the type and date of their conviction.

Many of the people who have been placed in removal proceedings have traveled abroad and returned to the United States without any difficulty in the past. However, the Department of Homeland Security now has access to a very large new database of criminal conviction records, and is able to identify people with criminal records much more efficiently. This means that if you have a criminal record, even from twenty years ago, traveling abroad now may increase your risk of losing your green card and being deported from the United States.

It is important to understand that not every type of criminal conviction has an effect on your immigration status. The existence of even a serious criminal conviction, by itself, does not automatically cancel your
green card. However, depending on the type, date, and number of
convictions, the government may have the legal power to put you in removal proceedings, and to ask the Immigration Judge to cancel your green card and order you deported from the United States. If you are placed in removal proceedings, you might in some cases be able to apply to keep your permanent resident status, depending on how long you have been in the United States, which family members you have here, and what type of conviction(s) you have. Unfortunately, while some people are eligible for relief from removal, others are not. If you are not eligible for relief, the Immigration Judge must cancel your green card and order you deported from the United States.

When you leave the United States and return here, you are forcing the
government to make a decision about whether to try to take away your
green card and deport you. This year, the government has become very efficient at placing permanent residents in removal proceedings when they discover at the airport that th e person has a criminal record that qualifies them for removal.

Because of this, it is very important for you to understand what may
happen if you travel outside the United States, even for one day. You
should understand the possible consequences BEFORE you leave the United States, so that you can make an informed decision about whether to travel. If you travel without knowing the immigration consequences of your convictions, you are gambling with your green card, and you may lose your permanent resident status in this country and be deported.

To receive proper advice of the immigration consequences of your
convictions, you will need a complete record of all your convictions, even ones that may seem minor. You need:

* The date each offense was committed, the section of law you were
charged with and convicted under, the date the court convicted you, and whether you pleaded guilty/no contest or went to trial.
* The best source of this information is the criminal complaint or
criminal information (the indictment), plus the abstract of judgment and
sentence. If these documents are not available, the criminal court's
docket sheet also contains valuable information.
* If your sentence or conviction was modified or expunged (record
cleared), you still need the information above, plus a copy of the court's
order modifying your sentence or clearing your record.
* You will also need a copy of both sides of your green card. In
addition, if you became a permanent resident after being interviewed for your green card here in the United States, you need to know when and how you first arrived here.

The more detailed the information you provide, the more accurate and
specific advice you can receive. All the information you provide will be
kept confidential.