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.
Are there any waivers available for sponsor with criminal record
Yes, waivers are available for sponsors with criminal records, but they depend on specific circumstances and require careful documentation.
Waiver Possibilities
Sponsors can potentially obtain waivers by demonstrating:
- Rehabilitation: Comprehensive evidence showing personal growth and transformation
- Minimal Risk: Proof that they do not pose a safety threat to the sponsored individual
Documentation for Waivers
To successfully pursue a waiver, sponsors should provide:
- Letters of recommendation from community leaders
- Proof of stable employment
- Evidence of education
- Documentation of family ties
- Certificates of rehabilitation program completion
Key Considerations
- Not All Criminal Records Disqualify Sponsorship: Only certain offenses, particularly those against minors, automatically prevent sponsorship
- USCIS Discretion: Immigration authorities have broad power to evaluate each case individually
- Rehabilitation Evidence: The strength of your waiver application depends on demonstrating personal reform
Important Note: Waivers are not guaranteed. The Department of Homeland Security has sole discretion in determining whether to grant an exemption, and their decision cannot be appealed.
Are there specific crimes that are more likely to be waived
Certain crimes are more likely to be considered for a waiver when seeking a green card or U.S. visa. Here are the key details:
Waivable Crimes
Some crimes that may be eligible for a waiver include:
- Crimes involving moral turpitude
- Less serious criminal offenses
- Non-violent crimes
Less Likely to Be Waived
Crimes that are almost never eligible for waivers include:
- Murder
- Rape
- Serious violent crimes
- Sex crimes involving children
- Assault with a deadly weapon causing serious injury
- Terrorism
- Capital offenses
- Crimes carrying life imprisonment
Waiver Considerations
To obtain a waiver, you must demonstrate:
- Extraordinary circumstances
- Potential hardship to a qualifying relative
- Low risk to national security
- Strong evidence of rehabilitation
Important Note: Even for potentially waivable crimes, immigration authorities will carefully evaluate each case individually. A record of violent or dangerous crimes makes obtaining a waiver extremely challenging.
In short, U.S. citizens 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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Fiancé(e) Visa or an F2A 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 have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
