If you want a green card, US. Citizenship and Immigration Services (USCIS) usually ask applicants to list all of their criminal records. This includes all police work you do in your home country or the US.
Applicants will most likely need to report any arrests, convictions, or criminal records. But, one thing is a no: minor traffic violations generally aren’t reported unless they lead to a criminal conviction (i.e., driving under the influence).
It doesn’t necessarily mean you won’t qualify for a green card if you have a criminal record, but certain crimes can be problematic and sometimes denied. Infractions such as felonies or drug crimes render someone unaccredited for a green card. Other less serious offenses could also be waived or excused at a moment’s notice.
Can I Leave the U.S. With a Travel Permit? While My Marriage Green Card Application is In Process?
When your marriage-based green card petition goes through, you may wonder if you’re able to leave the US while it does. Technically, U.S. Citizenship and Immigration Services (USCIS) doesn’t directly prohibit applicants from traveling while their green card application is pending. But there are risks you should know about.
Being out of status and being away from home while your application is under review can get you into trouble. Customs and Border Protection (CBP) officials may deny you re-entry into the United States without a travel permit. This means even if you have a travel permit (such as advance parole), there is no guarantee you’ll be allowed back.
To reduce the chance of complications, applicants are usually recommended to hold out until they receive their green card before exiting the U.S. This is especially useful if you have no idea where your status is, or if your application is still under review.
Types of Crimes That Make You Inadmissible
Under U.S. immigration law, certain types of crimes can make an applicant inadmissible, meaning they cannot receive a green card. These include:
- Aggravated Felonies: These are serious crimes that can lead to inadmissibility.
- Crimes Involving Moral Turpitude: These are acts considered morally reprehensible, such as theft or fraud.
- Crimes Involving Illegal Drugs: Most drug-related convictions will make you inadmissible, except for a single conviction for possessing 30 grams or less of marijuana for personal use, which may be eligible for a waiver.
Reporting Criminal History
Applicants must truthfully report their entire criminal history, including arrests, charges, and convictions, on their green card application. Failure to disclose this information can lead to denial of the application or even deportation.
Waivers of Inadmissibility
In some cases, applicants can apply for a waiver of inadmissibility. This is possible if the applicant can demonstrate that their admission to the U.S. would not pose a threat and that their U.S. citizen or green card holder spouse would suffer extreme hardship if the applicant were denied entry. However, waivers are not available for all crimes, such as murder or torture, and are generally not available for drug convictions except in very limited circumstances.
Application Process
Applicants must answer detailed questions about their criminal history on either Form I-485 (for applications within the U.S.) or Form DS-260 (for applications from abroad). They must provide supporting documents to verify their criminal history and its resolution.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an EB-2 Visa or an EB-3 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
