One of the common problems immigrants face is having a prior criminal history. Your criminal history will show up on your record the majority of the time. What can you do to successfully immigrate to the United States if you have a criminal record?

First, know your rights. Even though you are an immigrant does not mean you have no rights. In fact, you have more rights than you might think. You have a right to legal representation, to apply for legal protection for asylum or as a refugee, even the right to appeal decisions in court. Yes, you have more rights after becoming a U.S. citizen, but you still have legal rights. That’s one of the best parts of immigrating to the U.S. in the first place. Even a green card can mean a great life change.

Second, know your situation. Be honest with yourself. If you have a criminal history, you need to be completely honest about it. Also, understand what you did; know what’s on your background check.

Third, get a lawyer. If you’re going to make statements to immigration officials and in court, you need legal representation. An immigration lawyer is invaluable in ensuring you are legally protected. If you want a green card or desire citizenship, a lawyer is essential. And a lawyer is even more important if there are some questions about your past. If you have a drug violation, for example, it will be looked down upon. Understand that drug trafficking is a major problem on U.S. borders. But you still have a right to legal counsel.

What if you can’t afford legal representation? The best path to successful immigration to the United States is with an experienced lawyer. However, many lawyers understand you may lack the large amount of money needed to pay. Therefore, some are willing to negotiate with you. It doesn’t hurt to at least ask if price can be negotiable in some manner. All it takes is a phone call and a quick question. If you can save up the money, that’s even better.

What  if you’re denied entry because of your criminal history? How can you appeal immigration decisions? You have a right to question how the laws have been interpreted. Just as domestic court cases can go to appeals court, so can immigration issues. Judges are not above the law, and they make mistakes, just like immigration officials. The best way to appeal an immigration decision is to hire an experienced lawyer to represent you. If you have a lawyer, but are unhappy with the service and want to appeal with a new lawyer, that is perfectly legal.

Simply having a criminal record does not stop you from immigrating. The point of the criminal check is mainly to stop terrorists and drug traffickers. If you have a minor record, a professional immigration lawyer can help you immigrate legally.

Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are human; they make mistakes. A judge may not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

If you’re unsure of your criminal history, ask your lawyer to look into what’s on there. If you have no lawyer, it’s time to consider one experienced in immigration law.

Getting criminal charges in the first place is never easy or fun. But being charged with a  crime as an immigrant can put your stay in the United States in jeopardy. This blog guide explains what you need to know about the contract you make with the U.S. government, how the type of crime can change your stay here, if you should plead guilty, how to move on, and how an immigration lawyer can help.

The Contract
The problem inherent in committing a crime as an immigrant is what you did to legally stay here. You promised the U.S. government that you would abide by the rules everyone else is supposed to follow. True, citizens break the law, but they are are prosecuted. As an immigrant, by breaking the law you risk deportation. If you are a citizen, you cannot be deported, only punished in other ways. The point here is that you should avoid at all costs breaking any laws while you lack citizenship. You are better protected if you make a mistake as a citizen.

The Crime
What happens when an immigrant breaks laws is many two major points are factored in: the type of the crime and the penalties involved. In the U.S., you can be charged with an infraction, a misdemeanor, or a felony. Infractions are very common, such as getting a speeding ticket; this rarely affects your immigrant status. Misdemeanors are much more serious, including DUI (driving under the influence of alcohol or drugs) and assault. If you commit a misdemeanor, you may face jail time, and that will affect your immigration status. Felonies are the most serious, where you are to spend a minimum years time in a county or state prison. If you get a felony, your immigration status is in jeopardy and you need an experienced lawyer.

What should you do after a crime?
Your immigration status is based on the time served in prison. The more time you spend in jail, the greater the chances this will affect you. You face deportation if you spend a lot of time in prison.

How can you move on?
Just getting a criminal charge does not mean you will always spend time in jail or prison, nor does it mean you’ll always be deported. The important thing to do is keep your immigration status protected. That means staying within the laws .The more penalties you get, the worse your situation. The best way to move on is to hire an experienced lawyer.

Who can help?
You may need a criminal law lawyer too, but you should be consulting with an immigration lawyer as well, especially if you’ve been charged with a serious crime. Defending yourself is close to impossible, and knowing how the crimes will affect your status is very complex. If you’re unsure, it’s time to call some legal help.