Q: I applied for a green card renewal and I was told to go to a biometrics appointment but I’m on probation, what to expect

A: While Form I-90 technically does not include questions about your criminal history, the biometrics process is designed to verify this information. If your criminal record comes to the attention of the officer reviewing your renewal case, you may be asked about it during the decision-making process. In circumstances like these, it is advisable to consult with an attorney to ensure proper guidance and representation.

A: After submitting your biometrics for green card renewal, the FBI will conduct a background check. This process includes checking criminal records, regardless of whether the offense was federal or state. Your probation for 4th degree theft will appear in this background check.

The fact that you're on probation for a state-level offense doesn't automatically mean your green card renewal will be denied. U.S. Citizenship and Immigration Services (USCIS) will consider several factors, including the nature of your offense, your overall conduct, and your history as a resident. Your compliance with probation terms and the fact that this was your first and only offense can be favorable aspects of your case.

However, be prepared for possible additional scrutiny. USCIS might request more information about your criminal history and how you have conducted yourself since the incident. It's crucial to respond truthfully and completely to any such requests.

Given the complexities when criminal history intersects with immigration matters, it might be wise to consult with an immigration attorney. They can provide guidance on how to best present your case to USCIS and address your criminal record.

Each case is unique, and the outcome will depend on the specifics of your situation. Legal guidance can help you navigate this process and potentially increase the likelihood of a favorable outcome.