Crime may lead to boot

QMy friend’s green card expired two years ago. He is afraid to apply for a new one because of a misdemeanor conviction from eight years ago when he was 25. What are his options?

AYour friend might get his new green card without problems. Or, he might get deported. It depends on the nature of his crime. An immigration law expert can explain the risks in applying for a new green card.

Some criminal convictions are grounds for deportation. Criminal offenses that can lead to deportation include having committed a “crime involving moral turpitude” within five years of getting permanent residence status for which a judge can impose a sentence of one year or longer; two CIMTs not arising out of a single scheme of criminal misconduct; what the law calls an “aggravated felony;” and most drug-related offenses.

A CIMT is a crime that shows inherent baseness or depravity of character. As for aggravated felonies, in the bizarre world of immigration law, even some misdemeanors are considered aggravated felonies. You can find a list of aggravated felonies at http://bit.ly/2qeV14j.

QMy husband is Yemeni and I am a U.S. citizen. He lives in Yemen and we want him to immigrate to the United States within the next three years. A U.S. consular officer told us we need a waiver because of President Trump’s travel ban. Is that true? I thought that green card applicants weren’t banned.

APresident Trump’s travel ban, also known as the “Muslim ban,” applies to permanent residence applicants living abroad. The ban applies to nationals of North Korea, Syria, Iran, Yemen, Libya, Somalia and to a limited extent Venezuela, who are applying for a visa abroad at a U.S. consulate.

I suggest you start the process for your husband now. Getting a waiver could take a year or longer. If he gets his immigrant visa before he wants to move permanently to the United States, he can travel here, apply for a reentry permit and return to Yemen for up to two years.