For many immigrants, securing a green card is critical to stability and opportunity. However, having a criminal record can introduce challenges. U.S. immigration laws are stringent, and certain crimes can disqualify applicants or make the process more challenging.
A criminal record can influence an immigrant’s eligibility for a green card. However, only specific types of offenses may cause issues. Thankfully, there are possible paths forward for those with prior convictions.
Green card eligibility
To apply for a green card, immigrants need to fall into one of the eligible categories, such as:
- Family sponsorship
- Employment
- Asylum
Applicants must also meet moral character requirements, which include an assessment of their criminal history. The U.S. Citizenship and Immigration Services (USCIS) evaluates each case individually. However, certain crimes can trigger automatic ineligibility or deportation.
Types of crimes and their impact on green card applications
Crimes are categorized under U.S. immigration law as either crimes of moral turpitude (CMTs) or aggravated felonies. Crimes of moral turpitude (CMTs) involve actions that are considered inherently vile, depraved or contrary to accepted societal standards. Such crimes include fraud, theft or certain violent crimes.
A single CMT may not automatically bar green card eligibility if it meets the petty offense exception. This exception applies if the maximum penalty for the crime is less than one year and the actual sentence was six months or less.
Aggravated felonies are severe crimes under immigration law, including murder, rape, drug trafficking and certain types of theft involving substantial monetary loss. An aggravated felony conviction often results in permanent inadmissibility, making obtaining a green card difficult.
Drug-related crimes are also heavily scrutinized; even minor possession charges can lead to inadmissibility. However, there may be exceptions for instances when the offense involves a small amount of drugs.
Waivers and exceptions
Certain crimes may be waived if the applicant can demonstrate the following:
- Extreme hardship to a U.S. citizen or lawful permanent resident family member
- The crime occurred long ago
- The applicant has since rehabilitated
Crimes committed as a minor may also be treated differently. This will depend on factors such as the nature of the offense and the applicant’s age when committing the crime.
Of course, having a criminal record can pose challenges for immigrants. However, it doesn’t automatically close the door for obtaining a green card. Each case is unique, and U.S. immigration authorities consider multiple factors when determining an immigrant’s eligibility. Enlisting seasoned legal guidance is crucial to increase the chances of success.