USCIS on Processing I-90s with Criminal or Security Issues
Posted Jan 18, 2008
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The U.S. Citizenship and Immigration Services (USCIS) recently released a memorandum that explains how Form I-90, Application to Replace Permanent Resident Card, should be processed when criminal or security issues are identified. The identification occurs through what is known as an IDENT (which is a shorthand term for the Automated Biometric Identification System) database response. Such criminal or security issues may result in commencement of removal proceedings, if appropriate. A lawful permanent resident (or "green card" holder) is subject to removal from the U.S. if s/he commits certain crimes. Lawful permanent residents have been issued Notices to Appear (NTAs) based on arrests or convictions found during the I-90 application process. An individual who needs to file an I-90, therefore, should consult with an immigration attorney if s/he has any criminal or other issues that may come to light in the process.
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Green Card Renewal Triggers Review of Criminal History
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A lawful permanent resident files a Form I-90 when his or her green card is lost, stolen, or the card expires and a new card is required. As long-time MurthyDotCom and MurthyBulletin readers may recall from our December 9, 2005 article, Green Card Renewals Generate Enforcement, the USCIS has used the filing of a Form I-90 as an opportunity to locate a lawful permanent resident who has an outstanding warrant for arrest or who has been arrested or charged with a criminal offense.
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Processing under New USCIS Memorandum
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USCIS Application Support Centers (ASC) have been instructed to forward to local USCIS field offices any I-90 application for which the Biometric Benefit Support System (BBSS) Check results in an "IDENT" response that cannot be resolved at the ASC level. If an I-90 application results in the identification of a national security or public safety concern, then the USCIS will suspend processing and refer the matter to Immigration and Customs Enforcement (ICE) for investigation and possible removal proceedings. This suspension of processing on the case will continue until ICE responds with its intended action regarding on the applicant, which possibly can result in the issuance of an NTA to start removal proceedings.
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Request for Evidence Notices
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The USCIS may issue a Request for Evidence (RFE) that requires the I-90 applicant to provide arrest records and/or original court dispositions for any criminal charges found during the I-90 processing. Those individuals filing I-90s, therefore, should obtain these documents, if necessary.
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Conclusion
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If a lawful permanent resident has any outstanding criminal matter or warrant of any type, s/he should address this prior to filing an I-90. Any convictions should be discussed with a qualified immigration attorney. It should be noted that the definition of conviction for immigration purposes is more expansive than for other purposes. Thus, even those individuals with arrests, who have undergone certain first offender programs and similar resolutions, need to be concerned. Any issues should be discussed with one's attorney in advance and, hopefully, resolved before filing the I-90. Otherwise, one faces the risk of being removed / deported from the United States.
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