Can You Get a Green Card
with a Criminal Background?
Most people think that having a criminal record will automatically disqualify you from a US green card. However, some criminal offenses are deemed to be less serious than others and are permitted. If your background includes one of these types of offenses, then you may still be able to qualify. For more detailed information, or to find out if you are eligible, you should consult an experienced criminal immigration attorney.
There are also certain criminal offenses that will result in your application being rejeced; if you have any of these types of crimes on your record, your application will be denied by the United States Citizenship and Immigration Services (USCIS). Your criminal immigration attorney can review your history and help you to determine whether you qualify.
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Are You Required to Disclose Your Criminal History When Applying for a Green Card?
USCIS thoroughly investigates the background of every applicant, as well as the person who is sponsoring and applying on the applicant’s behalf. Your green card application will include questions about your criminal history, and you are obligated to answer them all truthfully.
Additionally, your green card interview may include questions about your past, and you must answer honestly. Your criminal immigration attorney can help guide and prepare you for this. It’s in your best interest to include all arrests, charges, and convictions in your application, even if you were released without charges after an arrest (most will still show up on the background check). If you fail to do so, you could be committing immigration fraud.
If the USCIS official conducting your interview finds discrepancies between your interview and your application, there’s a good chance that your petition will be denied. You may even be barred from ever obtaining a green card.
The only things you’re not required to mention are minor traffic incidents. If you’re unsure whether you need to mention something to USCIS, consult your criminal immigration attorney for guidance.
Sealed or Expunged Criminal Records
Sometimes, arrest records are sealed or expunged, often due to the person’s age at the time of the offense. Even if this is the case, you will still need to disclose this information to USCIS when you submit your application for a green card. Your criminal immigration attorney can help you acquire any necessary documentation.
It’s important to be honest with USCIS and your criminal immigration attorney. Lying or omitting information on any immigration form is considered fraud, and this will result in your application being rejected. The crime does not need to be serious enough to have affected your eligibility for this to happen.
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Inadmissible Crimes
Although some types of criminal offenses won’t result in you being denied a US green card, other types of crimes will make it impossible for you to get one. If your crimes fall into any of the following categories, you are deemed inadmissible to the US:
- Crimes of Moral Turpitude: these are acts that are defined as “depraved” or “immoral,” and include serious offenses such as animal abuse, fraud, and murder.
- Crimes Involving Illegal Drugs: almost any drug offense can make you ineligible. Some kinds of marijuana-related offenses can be exceptions to this rule. If you feel that you may qualify for an exception, your criminal immigration attorney can help you file a waiver.
- Aggravated Felonies (or their international equivalents): these offenses are usually violent. Examples include kidnapping, murder, rape, and certain kinds of drug-related crimes. Federal law keeps a list detailing what crimes are defined as aggravated felonies, and it is updated regularly.
The USCIS page offers more detailed information and your criminal immigration attorney can help you determine if you’re eligible.
Arrests, Charges, and Convictions
Not every arrest leads to charges, just like not every charge will lead to a conviction. Arrests can happen without any criminal charges being brought against you. You can also be charged after an arrest, but the charges were dropped, or a court found you not guilty of the crime.
In each of these cases, USCIS would need to be informed, but they would recognize that you had not committed a crime. Consult with your criminal immigration attorney if you have questions about any of these things.
Convictions mean that you are guilty of a crime, a crime was committed and you have admitted guilt or were convicted by a judge or jury in a court of law.
Do You Need a Criminal Immigration Attorney?
Having a criminal record doesn’t mean it’s impossible to obtain a green card if the right conditions are met.
If you’re thinking about applying for a green card and have a criminal history or are wondering about an incident in your past, schedule a consultation with one of our experienced criminal immigration attorneys for answers to your questions to help you begin navigating the process.
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