GREEN CARD HOLDERS WITH CRIMINAL CONVICTIONS SHOULD NOT LEAVE THE US
by Michael J. Gurfinkel, Esq.

Dear Atty. Gurfinkel;
I have been a green card holder for many years. Several years ago, I was convicted of a crime. I served the sentence and even had the conviction expunged (or “erased” from my record.) I would like to take a brief vacation to the Philippines to visit my family and friends. Do you think I will encounter any problems with US Immigration when I return?

Very truly yours,
AD

Dear AD:
Under US immigration laws, if a non-citizen, including green card holders, commits certain types of crimes, that person could be considered “inadmissible” (not entitled to enter the US) or removable (deportable). There have also been many new changes to our laws that have reclassified certain crimes as “aggravated felonies”, (which are very serious crimes), which were made retroactive (or applied to past convictions).

So, even if the crime was committed years ago, it could still come back to haunt the person. This is true even if the conviction was expunged, as the Courts and Board of Immigration Appeals have stated that an expungement will not erase the fact that a person was “convicted” of the crime.

Therefore, if a non-citizen ever committed a crime which makes him “inadmissible” or “removable”, then that person most definitely will encounter problems if he leaves the US (whether for a vacation or emergency) and later tries to re-enter. He could be denied admission to the US and sent immediately back, or he could be put in removal proceedings and detained (or held in custody in a prison) until his case is over, which could take months or years.

Remember, Immigration Inspectors at the airport have access to your entire record, including a person’s immigration history and criminal record. This is especially the case after September 11, when law enforcement agencies throughout the country are sharing their databases. Therefore, when a person with a criminal past leaves the US, and then tries to return, his record pops up in the computers at the airport, and he will find himself in a lot of trouble, including being detained and placed in removable proceedings.

I know that some people with past convictions will try to argue, “But I was already able to visit the Philippines after my conviction, and was able to return. So that must mean that everything is OK, and I won’t encounter problems the next time I travel”. I would say that the person was lucky the last time he traveled. Just because you were lucky the last time, does not mean your “luck” will hold out forever.

I have come across several cases involving immigrants with old convictions, who made the mistake of taking a brief vacation outside the US. When they tried to return to the US, Immigration Inspectors were alerted to the fact that the person was inadmissible or removable. Had the person not left the US, the situation may have never come to the attention of DHS. However, by taking a brief trip, they mistakenly brought themselves to the attention of DHS, and face a lifetime of disaster.

While there may be hope for some of these people, through “waivers” (or forgiveness) and appeals to their removal, is it really worth taking the chance? I don’t think any trip outside the US is worth the risk of being placed in removal proceedings.
.
I want to be clear that non-citizens with certain convictions are removable even if they never leave the US. However, leaving the US simply increases the risks of bringing your situation to the attention of the DHS and hastening your possible permanent removal.

So, don’t take chances. And if you should ever get placed in removal proceedings because of an old conviction, I would strongly recommend that you immediately seek the advice of a reputable attorney, who can analyze your situation, and determine if you could qualify for any form of relief from being removed, such as waivers or legal challenges to your conviction or removal.

Back to Main