Is it possible that my US visa will be denied if I have a criminal conviction abroad?

Is it possible that my US visa will be denied if I have a criminal conviction abroad?

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One of the most critical aspects is the label of “admissible” or “inadmissible” when migrating to the US. This label with different characteristics of your person, legal status, and petition can change, favoring you or becoming a disadvantage.

Among the reasons why you may be labeled as “Inadmissible” when reviewing your visa petition, is the criminal record you had abroad. That’s why you probably have a long list of questions about it.

Not to worry, as all of your questions will be answered below. Although these answers are certainly not simple, we assure you that the solution to your case is with us. 

A foreign criminal conviction can be a reason to deny my visa petition?

Yes, it can. For the US government, crimes committed in the past, even if abroad, indicate a possible danger. The USCIS seeks to protect the country from potential criminals who violate morals, values, and good customs.

That’s why crimes committed in the past may be a reason for your visa petition to be denied. Aliens with previous charges of serious crimes are considered dangerous and labeled as “Inadmissible.”

And actually, crimes committed more recently may carry more weight than even more perverse crimes committed years ago. All of these factors must be considered when chew over a visa with a criminal record.

Who can be affected by this?

In short, any foreign national with previous serious convictions who wants to enter the US for a specific time is likely inadmissible.

Workers, students, and even tourists can present problems when applying for visas to the US. So this is not an issue to make light of, and it is a possible inconvenience capable of affecting on several levels a trip of any kind. 

A criminal conviction can modify my Green Card petition

Criminal records influence those with non-immigrant visa petitions and Green Card petitions. Just as people with criminal records are considered dangerous, so are those who plan to stay.

Inadmissibility applies not only to non-immigrant visas, but to Green Card petitions. It makes the criminal record a mess, along with the hassle of obtaining a Green Card, making the process even more tortuous for immigrants.

A criminal conviction in the US can be a reason for being deported 

An important point about this issue is that it is not only criminal history that influences these types of decisions on immigrant and non-immigrant visas. Crimes committed within the US during their stay also significantly impact the admissibility of a visa application.

To such an extent, we are no longer talking about mere inadmissibility within the country but about the possibility of being deported. You may not have a criminal record; however, you will be in trouble if you commit a crime within the US.

Usually, foreign criminal records, at least in some instances, can be forgiven under a waiver. Nonetheless, crimes committed within the US are taken much more seriously and punished more severely.

As a non-citizen, any arrest or trouble with the law jeopardizes your legal standing and chances of staying or returning to the US. It all depends on the level of the crime committed, whether it is a felony or a misdemeanor. Anyway, it has many nuances.

Nevertheless, a waiver is a process used to pardon previous crimes. Whether within the US or abroad, the release allows you to regain the label of “Admissible” in the US if you meet specific requirements.

The CIMT (Crimes Involving Moral Turpitude) that can affect your visa petition

The CIMTs or Crimes Involving Moral Turpitude are usually felonies, as corrosive and severe as the name implies. These crimes within your criminal record may be the main reason you may be labeled as “Inadmissible” to the USCIS.

Therefore, CIMTs can be defined as crimes related to “evil intent” or “intent to defraud.” These crimes have various qualifications, and some are more serious than others; however, in law, they are all considered severe.

These crimes include murder, pederasty, robbery, and aggravated assault. In addition, other crimes can fall under the same qualification without necessarily being violent.

How CIMT crimes are distinguished from others is complex to explain; however, they have a clear basis. The person must intend to attack other persons and institutions, involving moral turpitude.

In general terms, it could be said that having a criminal record with only one CIMT and at a distance is reason enough to be inadmissible. Nonetheless, there are cases where this can be fixed.

One of the main ways to do this is through a “sentencing exception,” which requires that the crime committed in the country of origin has a maximum sentence of less than one year, and it can be quite problematic at the time of trial.

For obvious reasons, the fact that the sentencing exception has a basis on the maximum amount of time that can be spent in jail may favor some and disadvantage others.

There are many countries where people pay with more than one year in prison and CIMTs with less than one. People who have committed the same crime may find themselves in different situations when they file a sentencing exception; just because of their countries of origin.

The misdemeanor that can affect your visa petition

In addition to CIMTs, misdemeanor offenses can negatively affect your visa petition. However, the only situation where you could run into serious difficulties is when the misdemeanor is considered a CIMT.

That is, the misdemeanor you have previously committed must be particularly malicious. Based on your sentence, US officials will determine the level of your misdemeanor and then make a decision. 

Bonus: crimes into drugs and alcohol 

All drug possession crimes, even if the amount is small, are in a similar category to CIMT. However, drug use crimes are not an issue for USCIS.

As for alcohol, things are a bit different. Alcohol-related crimes will only be a concern for immigrants if they can seriously harm them or the people around them.

For example, DUI (Drive Under Influence) crimes. Typically, DUIs should not deprive you of admissibility; however, if they have been committed recently, they may be a reason to deny you a visa.

On the other hand, substance abuse crimes (specifically, alcohol abuse) will not cause problems when applying for a visa in the US.

What happens if a criminal conviction is not on my record?

For those of you who have crimes that do not appear on your criminal record: we have bad news, you will have severe issues with USCIS. It is because, for immigration purposes, crimes can only be pardoned under US federal law.

Even if your criminal record is clean for most of your activities, when you want to obtain a US visa or Green Card, you may have various reasons to be considered “Inadmissible.”

And now, after all that went into naming the crimes that can be problematic for immigration, what is the solution for those with a criminal record that makes them objectionable? The answer is: you need a waiver.

The solution: a waiver

A waiver is a solution to situations where your visa is denied due to a criminal record abroad. You can file this petition with the US government, called an inadmissibility waiver.

Or, more specifically, for non-immigrants who want to enter the US under this status, the term is 212(d)(3) waiver. It will be your best option to enter the US with a criminal record.

How do I get a waiver?

To enter the US and even have the opportunity to obtain a Green Card with a criminal record, your first step is a 212(d)(3) waiver. However, to proceed with a 212(d)(3) release, you must meet several specific requirements. We list them below:

• First and foremost, you must demonstrate that you are not a risk to the people and institutions of the country upon admission.
• Immigration will be obliged to evaluate the seriousness of your criminal record, considering the following point.
• It would be best to explain why you wish to enter the US. Ideally, it would be best if you were sincere with your intentions; therefore, you will have a better chance. 
• All of this is a big tangle you will be involved in if you have a criminal record and want to enter the US. It is a legal battle in which you must prove that you are not a danger to the country and its inhabitants.

Nonetheless, not all people have the tools to handle this battle correctly, the vast majority need help, and that is what we are here for! We are immigration lawyers in San Diego, California ready to help you immigrate to the US.

There is nothing better than having a lawyer to help you immigrate to the US, since the immigration laws of this country can often be too complicated. Contact us and facilitate your entry into the country!