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Can I File for Adjustment of Status if I’ve Been Arrested?

If you have been arrested and/or have been charged with a crime, you may still apply for adjustment of status. However, an arrest could seriously complicate your adjustment of status application.

If you have been arrested and you’re looking to get a Green Card, you should hire an immigration attorney to help.  Depending on what the arrest was for, how the charges concluded, and how long ago they were, you could be prevented from adjusting your status. Call or text me today at (617) 295-7500, and let’s talk about how I can help you with your immigration case!

What is an Adjustment of Status?

Adjustment of status is the process to apply for your Green Card in the United States. Adjustment of status allows you to apply for a Green Card if you have a family member who’s US citizen, even if you did not get married in the Unites States. A Green Card grants you lawful permanent residence in the Unites States, and you do not have to return to your home country to complete the application process.

Any sort of criminal case can complicate the process, and it could result in your green card being denied.  If you’re looking for an adjustment of status and you’ve been arrested, you should hire an immigration attorney to help with the process.

How do I Get a Green Card?

In order to obtain your green card there are complicated requirements you must meet, and you should consult with an immigration attorney if you are thinking about applying for adjustment of status. One of the requirements to obtain a Green Card, is that you must prove “good moral character”.  The USCIS officer can consider any prior criminal charges against you, even if they did not result in a conviction in their judgement of good moral character.  An arrest can make your adjustment of status application much more difficult, which is why it is very risky to apply for adjustment of status alone.

An immigration attorney can help collect evidence on your side and argue your case to the immigration official.  Without an experienced immigration attorney, your application could be denied, or you could even be deported.

If you’ve been arrested and you’re looking to obtain a Green Card, you should hire an immigration attorney to help.  Otherwise, you risk denial of your Green Card or even deportation.  Reach out to me and I would be more than happy to help you with your immigration case. I am also a criminal defense attorney, so I can help defend your criminal case as well.  If you’re not a citizen and you’re charged with a crime, hiring a criminal defense attorney who also knows immigration is critical, and will give you the best chance of being able to remain in this country.

Call me today at (617) 295-7500.



Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

Boston Attorney

The court system is stressful, whether you’re being charged with a crime, being sued, suing someone, or fighting for your ability to stay and work in this country. You need someone who appreciates this and can dedicate the time not only to represent you effectively in court but to guide you through the process.

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