| This piece looks at how American criminal convictions | | | | Supreme Court's decision in the case of Padilla v. |
| can effect the Immigration process. | | | | Kentucky. The Court in that case found that an alien |
| In the rather recent past, United States Citizenship and | | | | defendant in the USA has a right to counsel regarding |
| Immigration Service (also referred to as USCIS) | | | | the immigration ramifications of criminal pleadings. Even |
| officers were not particularly concerned with an | | | | though this decision preserves the right to counsel for |
| individual's criminal history so long as they were an | | | | defendants in criminal proceedings whose plea could |
| American Citizen petitioning on behalf of a foreign | | | | affect their legal status in the USA, it also vividly |
| fiancee or spouse. With the passage of legislation such | | | | demonstrates how important it is to receive |
| as the Adam Walsh Child Protection Act, the | | | | competent legal advice before making any decision |
| International Marriage Broker Regulation Act (IMBRA), | | | | that could have any impact upon later immigration |
| and the Illegal Immigration Reform and Responsibility | | | | proceedings. |
| Act (IIRAIRA) this rather laid back attitude changed. | | | | US Immigration law can be perplexing for some, in the |
| Presently, an individual's criminal record could have a | | | | recent past it was viewed by the public as more |
| negative impact upon their ability to act as a Petitioner | | | | clear-cut. After 09/11/2001 the American government |
| for an American visa. In many cases, a waiver of | | | | reorganized the agencies traditionally involved in the |
| some sort is necessary where the Petitioner has been | | | | US Immigration process. The result was the |
| convicted of certain offenses. This may also be the | | | | Department of Homeland Security (DHS) which has |
| case even where the Petitioner has committed | | | | jurisdiction over most of the agencies tasked with |
| relatively minor offenses, but committed enough | | | | processing visas to America. That being said, the |
| offenses so as to require a USCIS waiver. | | | | State Department also remains a significant agency in |
| In any American Immigration case, those with a criminal | | | | the visa process. Since the creation of new laws |
| record are usually well advised to seek legal counsel | | | | curbing immigrants' and petitioners' rights it would seem |
| from a licensed US Immigration attorney as one's | | | | that more people are turning to American lawyers for |
| criminal record could have a detrimental impact upon | | | | assistance because an experienced American |
| one's ability to petition for immigration benefits. The right | | | | Immigration attorney is often able to provide insight |
| to legal advice regarding immigration matters for | | | | about strategies to streamline the overall immigration |
| criminal defendants was recently enshrined in the | | | | process. |