A criminal record can significantly impact your ability to sponsor a spouse for a green card in the United States, but the specifics depend on the nature of the offenses involved.
Understanding the Basics
Before diving into the specific crimes that can affect your ability to file an I-130 petition, let’s cover the fundamental requirements. To sponsor your foreign spouse, you must either be a U.S. citizen or have lawful permanent resident status. Once that’s established, the focus shifts to verifying the legitimacy of your marriage and the admissibility of your spouse.
Generally, the petitioner’s character and history are not scrutinized closely, except under the Adam Walsh Child Protection and Safety Act of 2006, known as the “Adam Walsh Act.” This law imposes strict restrictions on U.S. citizens and LPRs with certain criminal convictions, preventing them from petitioning for family members to receive U.S. residency, including green cards and K-1 fiancé visas.
The Impact of the Adam Walsh Act
Under the Adam Walsh Act, if a U.S. citizen or LPR with one of the specified crimes on their record submits USCIS Form I-130, their application will likely be denied. Additionally, USCIS conducts thorough criminal background checks, using sources such as the FBI and sex offender registries. If a disqualifying crime is found, the foreign spouse may be unable to immigrate to the U.S. through marriage.
Crimes That Render U.S. Petitioners Ineligible
The Adam Walsh Act targets crimes against minors (under 18), including:
- Kidnapping (except by a parent or guardian)
- False imprisonment (except by a parent or guardian)
- Solicitation to engage in sexual conduct
- Use of a minor in a sexual performance
- Solicitation to practice prostitution
- Video voyeurism
- Possession, production, or distribution of child pornography
- Criminal sexual conduct involving a minor (including using the Internet to facilitate such conduct)
- Any conduct deemed a sex offense against a minor
- Foreign convictions can also trigger these restrictions unless the trial is deemed unfair.
Other Criminal Convictions
If your criminal record does not include offenses against minors or aggravated felonies, you may still be able to sponsor your spouse. However, U.S. Citizenship and Immigration Services (USCIS) will consider:
- The severity of your crimes (misdemeanor vs. felony)
- The time elapsed since your last conviction
- Evidence of rehabilitation.
Background Checks and Documentation for a Criminal Record Green Card
USCIS conducts thorough background checks on both the sponsor and the immigrant applicant. This includes reviewing any arrests or convictions, even if they did not result in a conviction. If there are concerns about your criminal history, USCIS may request additional documentation such as court records or police reports.
Mitigating Factors for a Criminal Record Green Card
In some cases, individuals with a disqualifying record might still sponsor someone if they can convincingly demonstrate rehabilitation and pose no risk to the sponsored individual. This requires substantial evidence, such as completion of rehabilitation programs or counseling.
Seeking an Exception for a Criminal Record Green Card
There is hope for petitioners facing these restrictions. The Department of Homeland Security (DHS) can make an exception if the petitioner is deemed not to pose a risk to the immigrant spouse. Evidence might include:
- Police reports and court records detailing the criminal history
- News accounts and trial transcripts for additional context
- Documentation of rehabilitation efforts, such as therapy or counseling
- Proof of community service
- Certification of military service, if applicable
Final Thoughts for Criminal Record Green Card
Given the complexity of immigration law, particularly when it intersects with criminal history, seeking legal counsel is highly advisable. The immigration officials would reject your application; however, if they determine specifically that their denial of your request would cause “Exceptional and Extremely Unusual Hardship”, namely, hardship that is far beyond what is normally expected generally.
In summary, if you’re considering sponsoring your immigrant spouse, it’s crucial to be aware of the crimes that can hinder your efforts. In particular, understanding the provisions of the Adam Walsh Act and potential exceptions is essential for effectively navigating this complex aspect of U.S. immigration law.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US with a Criminal Record Green Card straightforward and successful. Whether you’re applying for an IR-1 Visa or CR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure visas/permits for spouses with criminal records to enter the US. Call us today at +234 812 5505 986 to learn how we can assist you.
