How Can Criminal Records Affect Visa and Green Card Applications?

 Posted on February 20, 2024 in Green Card

When a person applies for a visa or Green Card, one of the factors that immigration authorities may consider is the applicant's criminal record. Having a criminal record can significantly impact the chances of obtaining a visa or Green Card, as it may raise concerns about a person’s character and whether they may potentially pose a risk to public safety. If a person is deemed inadmissible to the United States because of previous criminal convictions, their application may be denied. For those who have a criminal history, it is important to work with an attorney who can provide guidance on how to address this issue and whether waivers of inadmissibility may be available.

The Importance of Good Moral Character

One of the requirements for obtaining a visa or Green Card is demonstrating good moral character. Immigration authorities want to ensure that people who wish to enter or remain in the United States are law-abiding citizens. A criminal record can be an indicator that a person does not possess good moral character. It suggests a history of engaging in illegal activities, and it may raise concerns about future compliance with U.S. laws or the possibility that a person may take actions to cause harm to others.

Grounds for Inadmissibility

The United States has specific grounds for determining whether someone is admissible or ineligible for entry into the country. These grounds are outlined under section 212(a) of the Immigration and Nationality Act (INA).

Criminal convictions related to certain offenses can make an immigrant inadmissible, meaning they may be denied a visa or Green Card based on their criminal history alone. Applicable offenses may include:

• Crimes involving moral turpitude (CIMTs): These crimes include offenses such as fraud, theft, assault, or any other violations that may be shocking to regular people or that may be considered depraved. The severity of an offense may be considered, but if it falls within this general category, a conviction on a person’s record will typically result in inadmissibility. However, if a CIMT was committed when a person was under the age of 18, and it occurred more than five years before they applied for a visa, it may not lead to inadmissibility. Exceptions may also be made if a person was convicted of an offense with a maximum penalty of one year in prison, and the sentence they received was no more than six months.

• Drug offenses: Convictions related to drug trafficking, possession with intent to distribute drugs, or other offenses involving the sale or distribution of controlled substances may result in inadmissibility. An immediate family member of a person who engaged in drug trafficking, including their spouse or children, may be deemed inadmissible if they received any financial benefits from the offender within five years before seeking to enter the United States.

• Commercialized vice: A person who plans to come to the United States to engage in prostitution, who has attempted to procure prostitution, or who has attempted to import people into the U.S. for purposes of prostitution or other types of commercialized vice will be considered inadmissible. If a person has engaged in any of these activities within the 10 years before they applied for a visa or Green Card, they will also be deemed inadmissible.

• Other criminal offenses: In general, any two or more convictions for crimes that resulted in a total sentence of at least five years in prison will cause a person to be considered inadmissible.

Waivers and Relief Options

For those who have a criminal record that makes them inadmissible and ineligible for a visa or Green Card, there may still be options available to overcome this barrier. Some people may qualify for waivers or other forms of relief.

A waiver of inadmissibility may be granted by immigration authorities, and it will allow an immigrant to enter the United States despite being considered inadmissible. To obtain a waiver, a person must demonstrate that their entrance into the country would not pose a threat to public safety and that denying their entry would cause extreme hardship to U.S. citizen family members.

Contact a United States Waivers of Inadmissibility Attorney

If you have concerns about how your criminal record might affect your visa or Green Card application, contact the knowledgeable U.S. immigration lawyers at Immigrate Lawyer. We understand how criminal convictions can affect immigration cases, and we are dedicated to helping immigrants and their family members overcome these challenges as they proceed with the immigration process. Call 844-464-4727 today for a free consultation.