I have a criminal history; can I immigrate to the US?

I have a criminal history; can I immigrate to the US?

Do you have a criminal history and would like to immigrate to the United States? Call us today at (619) 746-8879

Serious crimes will likely make someone ineligible for a Green Card. However, applicants who have committed low-level crimes may still be able to obtain approval for immigration.

In other words, having a criminal record could make it impossible for you to enter the United States or even obtain an immigrant visa (Green Card) and become a Lawful Permanent Resident, LPR. Nonetheless, if the crimes were not too serious you could be able to immigrate. Some of the most important factors to consider are:

• The name that was given to, the definition of and the facts that surround the criminal case;
• Your age at the time the crime was committed;
• The number of convictions that appear on your criminal record;
• The penalty or prison sentence imposed.

Your criminal history will be compared with the federal immigration laws to assess whether a Green Card is a possibility for you or not.

What crimes will make you inadmissible or ineligible for a Green Card?

• Crime involving moral turpitude;
• Controlled substance violations;
• Drug trafficking;
• Kidnapping;
• Prostitution;
• Human trafficking; 
• Profiting financially from a family member’s human trafficking;
• Money laundering;
• Multiple criminal convictions with an aggregate sentence of at least five years.

In addition, a conviction for an aggravated felony, such as murder, rape, sexual abuse of a minor and several offenses related to money laundering can also ban a person from receiving a Green Card.

There are also some exceptions regarding moral turpitude and controlled substances. For instance:

• If the crime was committed when the person was under 18;
• If it has been five years since the crime was committed and the person is no longer in jail;
• The person was convicted of a crime for which the maximum possible penalty is no more than a year and the actual term of imprisonment was no more than six months. This is known as the “petty offense” exception.

What happens if the crime(s) were removed from the record?

If you had your criminal record expunged, or sealed, you could still be banned from obtaining a Green Card. For immigration purposes, a conviction cannot be removed unless the prior conviction was formally vacated under a constitutional basis (for example, a vacatur under California Penal Code 1473.7.)

In the case that you committed a crime outside of the US and have a foreign criminal record, it will be compared to the laws in the United States to find one that most closely resembles the foreign conviction before determining if a Green Card is possible.

However, do not stress out immediately, some crimes can be forgiven with a waiver. This is why contacting an immigration and criminal defense attorney might be the best idea for you.

At Kannan Law, we practice both criminal defense and immigration law and if you have a criminal record and would like to immigrate to the United States, we are ready to help you. Immigration processes are already complicated and could get confusing, imagine adding to that a criminal record! We believe that you will benefit greatly from an immigration attorney in San Diego, California, so call us today!