What happens if I apply for a Green Card but have a criminal record?
What happens if I apply for a Green Card but have a criminal record?
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If you don’t have a criminal history, you don’t have to worry when applying for a Green Card. But, if your case is the opposite, the part of the application where you are asked about your criminal history may be stressful.
It is known that a police record could be reason enough to deny you a Green Card. USCIS (United States Citizenship and Immigration Services) checks for criminal records for both the US citizen or Green Card holder sponsoring a family member and the person receiving the Green Card.
This is done to examine every interaction you’ve had with law enforcement in your country and the United States. The only exception is traffic violations, in case it was a minor issue.
What happens if I lie in my Green Card application?
When filling out your Green Card application, it is very important to be honest and provide as much information as possible to USCIS. Don’t leave out every time you were cited, charged with a crime, or attested even if the charges were dismissed later or the criminal record expunged.
You can immigrate to the US if you have a criminal history. It depends on the type of crimes you were charged for. However, if you are not honest in your petition can make you ineligible for a Green Card. This is true even if the incident you meant to hide would not have made you ineligible.
What crimes will make you inadmissible or ineligible for a Green Card?
Under US immigration law, being convicted of an “aggravated felony” can hard your intent to immigrate into the US. It will make you ineligible for a Green Card. These are crimes that the United States government agreed that will make an immigrant inadmissible to the country. Some examples are drug trafficking, murder, filing a false tax return, or sexual abuse of a minor.
Crimes of moral turpitude can also make you inadmissible and ineligible for a Green Card. These are crimes committed with “evil intent,” which means that the person intended to defraud someone. These include murder, rape, fraud, and animal abuse or fighting.
Any of these crimes will make you immediately inadmissible, but for crimes that are not considered of moral turpitude, such as joyriding, simple assault, and breaking and entering, you can obtain a “waiver of inadmissibility” and therefore, receive a Green Card. Yes, a criminal record can complicate a Green Card application, but it is not necessarily lead to a denial.
Drug crimes
Drug-related criminal convictions can also make you ineligible to receive a Green Card. This is true even if the conviction was only for possessing drugs or drug use. The only exception is you have one drug conviction for 30 grams or less and if it was of marijuana, and for personal use. Nonetheless, you would still need to apply for a waiver.
Does it matter if I was convicted of a crime in another country?
If this is your case, there are two possible paths:
- The criminal conviction under the foreign country’s laws is equivalent to an “aggravated felony,” “crime of moral turpitude,” or “drug crime” under US immigration law. In his case, the standards of inadmissibility and possible waivers are the same as in the United States.
- The criminal conviction under the foreign country’s laws is not equivalent to an “aggravated felony,” “crime of moral turpitude,” or “drug crime” under US immigration law. However, there is no guarantee that USCIS will agree, and you could still be considered inadmissible.
If you are applying for a Green Card through a US embassy or consulate, you need to answer about 20 questions related to criminal history. It is the same as if you were applying from inside the US. Here, you also have to answer whether or not you have intentions to commit crimes of any kind in the future.
These questions mainly focus on drugs, human trafficking, money laundering, and prostitution-related issues.
We’ve had clients with a Green Card successfully approved despite their criminal history. Therefore, we invite you to contact us at Kannan Law for more information if you need an immigration attorney who also practices criminal law. Contact us today.