Can You Get a US Permanent Residency with a Criminal Record?
For anyone aspiring to live permanently in the United States, the process of applying for a green card is a monumental step. But what happens when a criminal record holds you up? This situation can be stressful, raising questions about eligibility and the challenges ahead.
At Wogwu Law, attorney Wogwu is committed to providing clarity and personalized guidance for individuals trying to understand the complexities of immigration with a criminal history.
In this article, I’ll explain what a green card is, how immigration officials review criminal records, and what you can do to work toward permanent residency, even if you have a criminal record.
What is a Green Card?
A green card, formally known as a Permanent Resident Card, allows a non-citizen to live and work in the United States indefinitely.
It’s a significant milestone for those seeking a stable future in the U.S. Beyond legal residency, it opens doors to benefits like applying for U.S. citizenship and sponsoring certain family members for immigration.
When applying for a green card, it’s important to be honest. Immigration forms require you to share your entire criminal history, even if the records were sealed or expunged.
For immigration, a “conviction” isn’t just a guilty verdict. It can also include plea deals, admitting guilt, or completing a diversion program. U.S. immigration officials still consider these records, even if they don’t seem active anymore.
What is a Criminal Record in the Eyes of Immigration?
Not all criminal offenses are treated the same under U.S. immigration law. A speeding ticket likely won’t ruin your application, but other crimes can have serious consequences. Here’s how criminal activity is usually classified:
Minor Infractions and Misdemeanors
- These are generally lesser offenses, such as disorderly conduct or petty theft.
- Some misdemeanors might not disqualify you right away, but their effect depends on factors like intent and the outcome of the offense.
Felonies and Serious Crimes
- More serious crimes, especially those involving violence or fraud, can create major challenges in the immigration process.
- Immigration authorities closely examine crimes involving moral turpitude, aggravated felonies, and drug-related offenses.
What Are Crimes Involving Moral Turpitude?
These are acts that reflect poorly on someone’s moral character. Examples include:
- Fraud, embezzlement, or theft involving deceit.
- Assault with intent to harm.
- Certain domestic violence charges.
Crimes involving moral turpitude are treated seriously because they may indicate a lack of trustworthiness or good moral character, which are important factors in immigration decisions.
Drug-Related Offenses
Even minor drug offenses can be problematic. However, there is an exception for a single conviction involving the possession of 30 grams or less of marijuana.
Anything beyond this can lead to inadmissibility without eligibility for waivers in most cases.
How a Criminal Record Can Affect Your Green Card Application
Having a criminal record can complicate your green card application in significant ways. This can make you inadmissible, meaning you might not be allowed to enter or stay in the United States as a permanent resident.
However, this isn’t a one-size-fits-all situation—there are waivers and exceptions that might apply, depending on the nature of your record and your personal circumstances.
Here’s what you need to know about how criminal history intersects with immigration law.
Grounds for Inadmissibility
A criminal record can make you inadmissible, blocking you from obtaining a green card. Inadmissibility often depends on specific categories of offenses, such as aggravated felonies, crimes involving moral turpitude, and drug-related crimes.
Each of these categories has its own set of rules and nuances:
Aggravated Felonies:
These are the most serious crimes under U.S. immigration law and include offenses like murder, rape, sexual abuse of a minor, and certain types of fraud or theft with substantial financial loss.
Even relatively minor offenses, such as shoplifting, can sometimes be classified as aggravated felonies if the sentence exceeds one year.
Crimes Involving Moral Turpitude (CIMT):
These are crimes that suggest a lack of morality or ethical judgment. Common examples include fraud, assault with intent to harm, and theft involving deceit. Immigration authorities often assess whether the crime reflects poor moral character.
Even a single conviction in this category can lead to inadmissibility in some cases.
Drug-Related Offenses:
Drug crimes are heavily scrutinized. Even minor offenses, such as possession, can have serious immigration consequences. However, there is a narrow exception for a single conviction of simple possession of 30 grams or less of marijuana.
Outside of this exception, most drug-related crimes, including trafficking or intent to distribute, can result in automatic inadmissibility.
Impact on Application Process
A criminal record doesn’t just affect your admissibility—it can also complicate the overall green card application process in several ways:
- Delays: Applications involving criminal histories often face longer processing times due to additional scrutiny or the need for waivers.
- Requests for Additional Evidence (RFE): USCIS might ask for court records, police reports, and evidence of rehabilitation.
- Interviews: Green card interviews may include more in-depth questioning about your criminal history.
These complications underscore the importance of being prepared with all relevant documents and working closely with an immigration attorney to address potential hurdles.
Honest Disclosure Matters
Failing to disclose a criminal record can have devastating consequences, including immediate denial and potential removal proceedings. Immigration officials value honesty. Being truthful and having good legal representation can greatly improve your case.
How to Apply for a Green Card with a Criminal Record
The good news is that it’s possible to obtain a green card even with a criminal record, but the process often requires extra steps:
1. Consult an Experienced Immigration Attorney
Having someone like Attorney Wogwu review your case can make a difference. It’s crucial to assess whether your record impacts your eligibility and to explore options for waivers or exceptions.
2. Obtain Certified Copies of Your Criminal Record
Start by requesting a certified copy of all relevant criminal documents. This allows your attorney to analyze your case fully and prepare the strongest possible application.
3. Demonstrate Rehabilitation
If you’ve turned your life around, provide evidence to show this. Examples include:
- Letters of recommendation from community leaders or employers.
- Proof of community service or participation in rehabilitation programs.
4. Waivers of Inadmissibility
For certain offenses, you may be eligible to apply for a waiver using Form I-601. Approval depends on showing:
- A qualifying relative (such as a U.S. citizen spouse) would face extreme hardship without you.
- You’ve demonstrated remorse and rehabilitation.
Not all crimes qualify for waivers. Serious offenses like murder, drug trafficking, or money laundering are often ineligible.
5. Accuracy in Applications
Make sure your answers about criminal history are consistent across all immigration forms and during interviews. Inconsistencies can raise red flags and put your case at risk.
Don’t Let a Criminal Record Derail Your Green Card Dreams – Contact Wogwu Law Today
Attorney Wogwu understands how overwhelming it can feel to face the immigration process with a criminal record. At Wogwu Law, I work closely with clients to evaluate their unique circumstances and provide the best strategies for moving forward.
If you’re unsure about your options or need help with waivers, green card applications, or any other immigration matter, contact Wogwu Law at 210-972-4480. Attorney Wogwu is here to help you explore every avenue available and pursue your permanent residency with confidence.
Your dream of living permanently in the United States doesn’t have to end with a criminal record. Reach out today—let’s find a way forward together.