Understanding What Can Disqualify a Green Card Sponsor
When applying for a family or marriage-based green card, the U.S. Citizenship and Immigration Services (USCIS) conducts thorough background checks on both the sponsor (the U.S. citizen or permanent resident) and the individual seeking a green card. This article will focus on the sponsor’s eligibility and what factors could disqualify them, especially if they have a criminal record.
Disqualifying Factors for Green Card Sponsors
Certain crimes can automatically disqualify a U.S. citizen from sponsoring a spouse or family member for a green card. These disqualifications are tied to specific offenses listed in the Adam Walsh Child Protection and Safety Act, which is now part of the Immigration and Nationality Act (INA), Section 204(a)(1)(A)(viii).
If a sponsor has been convicted of the following crimes involving minors, they will be automatically disqualified from sponsoring a green card for their spouse or relative:
- Kidnapping (unless committed by a parent or guardian)
- False imprisonment (unless committed by a parent or guardian)
- Solicitation of a minor to engage in sexual conduct
- Using a minor in a sexual performance
- Solicitation for prostitution
- Video voyeurism as defined in Section 1801 of Title 18, U.S. Code
- Possession, production, or distribution of child pornography
- Criminal sexual conduct involving a minor, or using the internet to facilitate or attempt such conduct
- Any other offense that is inherently a sex offense against a minor
If a U.S. citizen sponsor has no convictions related to the offenses listed above, they are not automatically disqualified from sponsoring a green card applicant. However, it’s important to note that USCIS will still review the sponsor’s criminal history more broadly.
USCIS Has the Final Say
Even if the U.S. citizen does not have convictions for any of the offenses listed above, USCIS has the authority to disqualify a sponsor based on other criminal convictions. If there is a history of criminal activity, USCIS may look deeper into those convictions and request further information from the sponsor.
USCIS has the discretion to evaluate whether a sponsor poses a potential risk to the safety or well-being of the person they are sponsoring. This means that even minor or unrelated convictions could be taken into consideration if they raise concerns about the sponsor’s ability to safely support a relative seeking a green card.
Other Considerations Regarding Past Convictions
Although USCIS has a specific list of crimes that automatically disqualify sponsors, it’s essential to be aware that past convictions—whether minor or serious—can still influence the decision-making process. The agency will assess the nature of the crimes, the sponsor’s rehabilitation, and whether there is any indication that the sponsor could pose a risk to the safety of the individual seeking a green card.
If USCIS determines that a sponsor’s criminal record raises serious concerns, they can disqualify the sponsor from proceeding with the application.
In short, U.S. citizen sponsors with criminal records can still apply to sponsor a spouse or family member for a green card, but certain crimes will automatically disqualify them from doing so. Crimes against minors, in particular, are heavily scrutinized under U.S. immigration law. However, USCIS has the discretion to evaluate a sponsor’s overall criminal history and may request additional information to ensure the sponsor does not pose a risk. If you are a sponsor with a criminal record, consulting with an immigration attorney may help navigate the process.
