Applying for a green card in the U.S. can be a complex process, especially if you have a criminal record. Whether you’re applying for a family or marriage green card, either inside the U.S. or from abroad, you will be asked about your criminal history during the application process. For applicants with a criminal background, this can cause stress, as any criminal record may potentially lead to a green card denial.
This article will guide you through the process of applying for a green card when you have a criminal record, and explain how your history might impact your application.
What You Need to Know About Criminal History and Green Cards
When applying for a green card, U.S. Citizenship and Immigration Services (USCIS) will review your criminal history. They will look into your interactions with law enforcement, both in the U.S. and in your home country. The only exception to this is minor traffic violations — if the only issue you’ve ever had is a small traffic ticket, you don’t need to mention it. However, for any other offenses, you must disclose them.
It’s crucial to be honest in your application. Even if charges were dismissed or your criminal record was expunged, you should still mention them. Lying on your green card application can make you ineligible, even if the crime would not have automatically disqualified you.
Not every criminal record leads to a green card denial, though. There are specific criminal convictions that can make you ineligible for a green card, but in some cases, you might be able to apply for a waiver.
Criminal Convictions That Could Make You Ineligible for a Green Card
U.S. immigration law outlines three major types of criminal convictions that can make you inadmissible (ineligible) for a green card:
- Aggravated Felonies
- Crimes Involving Moral Turpitude
- Drug-Related Crimes
Let’s take a closer look at each category.
What Counts as a “Conviction”?
In U.S. immigration law, the definition of a “conviction” is broader than in criminal law. A conviction refers to any situation where you were found guilty in court or admitted guilt as part of a plea agreement — even if the crime doesn’t appear on your criminal record.
For example, if you were arrested on a drug charge and participated in a diversion program (like drug treatment), you might not have a criminal record in your state, but for immigration purposes, you could still have a “drug conviction.”
What Is an “Aggravated Felony”?
An aggravated felony under U.S. immigration law is a serious offense that makes you ineligible for a green card. Although the term “aggravated felony” sounds extreme, it can include crimes that might not be considered felonies under state or federal law.
Some examples of aggravated felonies include:
- Murder
- Drug trafficking
- Filing a false tax return
- Sexual abuse of a minor (even in cases of consensual sex where one party is slightly below the age of consent)
What Is a “Crime of Moral Turpitude”?
A crime of moral turpitude is a crime committed with malicious intent, like committing fraud or causing harm to others. The classification of a crime as one of moral turpitude can vary, but typically includes:
- Murder
- Rape
- Fraud
- Animal abuse or fighting
However, some crimes are not considered crimes of moral turpitude, such as:
- Joyriding
- Simple assault
- Breaking
What Is a “Relevant Drug Crime”?
Any conviction related to illegal drugs can make you ineligible for a green card, even if it was just for possession or personal use. The only exception is if you have a single drug conviction for possession of 30 grams or less of marijuana for personal use — and even then, you will need to apply for a waiver.
What About Criminal Convictions in Other Countries?
If you have criminal convictions in another country, they will be evaluated in the context of U.S. immigration law. There are two possibilities:
- The foreign conviction is equivalent to an aggravated felony, crime of moral turpitude, or drug crime under U.S. law.
- The foreign conviction is not equivalent, and you must make a case to USCIS that it doesn’t meet the U.S. immigration criteria.
Answering Questions About Criminal History
When applying for a green card, you will need to answer questions about your criminal history on Form I-485 (if applying from within the U.S.) or Form DS-260 (if applying from a U.S. embassy or consulate abroad). These forms ask about your past interactions with law enforcement and if you plan to commit any crimes in the future.
There are about 20 questions related to criminal history. You’ll be asked about crimes like drug offenses, human trafficking, prostitution, and money laundering. It’s very important to answer these questions truthfully and thoroughly. This includes criminal offenses in both the U.S. and other countries.
If you answer “yes” to any of the questions, be ready to provide more details, including:
- The date and location of the offense
- The charges and how the case was resolved (e.g., dismissed, convicted, expunged)
Provide official documents to back up your responses, such as police records, court documents, or expungement records. Even if an arrest or charge was dismissed, you must disclose it to avoid being penalized for providing false information.
Can You Apply for a Waiver?
In some situations, you may be eligible to apply for a waiver of inadmissibility. This means that you can still be granted a green card despite your criminal history. However, you will need to show that your admission into the U.S. would not harm anyone and that your spouse (who is a U.S. citizen or green card holder) would experience extreme hardship if you were not allowed to live in the U.S.
Some crimes cannot be waived, including:
- Drug convictions (unless for personal use of less than 30 grams of marijuana)
- Murder or torture
If you’re applying from within the U.S., you can file your waiver request along with your green card application. If you’re applying from abroad, you will need to apply for the waiver during your green card interview.
A criminal record can complicate your green card application, but it doesn’t necessarily mean denial. It’s essential to be open and honest about your past to avoid delays or rejections. If you have a criminal history and are unsure how it may affect your application, it’s a good idea to consult with an immigration attorney to navigate the process and understand your options, including potential waivers.
