Obtaining a visa or green card in the United States is challenging, especially if a person has a criminal record in their home country. However, a criminal record does not automatically mean that visiting or living in the United States is out of reach. In this detailed guide, we will explore how a German criminal record and green card waiver affect the visa and green card eligibility for foreign criminal offenders.
Understanding the Impact of a Foreign Criminal Conviction
When thinking about the waiver, it is crucial to understand what consequences for a german criminal record may impact your possibility to acquire a U. S. visa or green card. However, it is imperative to understand that the impact of such work can differ depending on the country where the actors operate due to the laws and legislative measures implemented there.
Exploring Waiver Options
It can be disheartening if your criminal conviction leads to visa denial, but you might still obtain a U.S. visa or green card with a waiver. Note that waivers differ for nonimmigrant and immigrant visas, with distinct criteria and procedures for each.
Nonimmigrant Visa Waivers
If a criminal offense bars you from receiving a U.S. nonimmigrant (temporary) visa, you can only get a waiver if the consular officer decides to grant it. The officer will consider several factors:
- Intent to Return: The consular officer must be satisfied that the applicant intends to return to their home country after visiting the United States in order to grant the visa.
- Compliance with U. S. Laws: You must convince the consular officer that you will respect the laws of the United States during your time there. Given your recent conviction, demonstrating that you have changed your behavior may be challenging..
- Nature of the Offense: The consular officer will determine whether the crime meets certain characteristics, and how grave they are.
- Purpose of Travel: You will have to justify your intentions for traveling to the United States.
- U. S. Public Interest: The following question will be asked by the officer to determine whether your visit will benefit the U. S. public with considerable interest.
In these areas, if the consular officer is persuaded, they might agree to grant entry to the U.S. Department of Homeland Security (DHS) and appeal for a waiver for you. The timing for receiving the results of the waiver process may vary, and we will inform you about any documents you need to provide during your interview.
Immigrant Visa Waivers
For applicants granted an immigrant visa, it’s important to note that the process specifics and waiver criteria differ significantly. However, while consular officers play a role in determining whether an applicant meets the visa requirements, they cannot apply for a waiver. Here’s how the process typically unfolds:
- Ineligibility Notification: The consular officer is supposed to enlighten you of the section of the law that you don’t qualify for and whether there is a possibility of you being granted a waiver.
- Requesting a Waiver: If a waiver is required, it is only through the U. S. Citizenship and Immigration Services (USCIS), and it is best to consult with an attorney or do it on your own. I-601 referred to form is usually employed in the process of requesting an immigrant visa waiver.
- Strict Criteria: DHS requires applicants to meet high standards to obtain immigrant visa waivers, and the criteria for these waivers are difficult to satisfy. It’s advisable to consult a U.S. immigration attorney when applying for this type of visa, as the process can be challenging.
It remains important to notice that drug possession crime waivers are generally unavailable for immigrant visa applicants except for possession of marijuana in amounts that do not exceed 30 grams.
Exploring Expungements
Some people propose removing or cleaning one’s criminal record to improve their chances of obtaining a U.S. visa or green card. However, it’s crucial to understand that expungements, often referred to as “spent convictions” or “post-conviction relief,” have limitations:
- Varied Standards: Crimes listed on police records and the regulation of expungement also differ with countries grouping crimes and having certain regulations.
- Local vs. U. S. Laws: Eradication of a crime in a certain country does not automatically affect the immigration chances to a USA visa. For example, U. S. immigration officials have their ways of evaluating criminal conduct by the applicants.
- No Guarantee: Even if there is no record of crime in your profile, the crime for which your record was expunged might be vital in the assessment of your eligibility for a U. S visa.
Before focusing on expungement as a strategy, consult with a U.S. immigration attorney. This will help you understand how expungement laws relate to U.S. immigration principles. Additionally, you might need to engage a local attorney from your country of domicile.
Can a waiver be denied even if the crime was committed over 15 years ago
A waiver can be denied even if the crime was committed over 15 years ago. While the passage of time is a factor that can support a waiver application under U.S. immigration law, it does not guarantee approval. Here are some key points regarding this issue:
1. Eligibility for Waivers
- Under Section 212(h) of the Immigration and Nationality Act, individuals may apply for a waiver after committing certain crimes, as long as more than 15 years have passed since the crime. They must demonstrate that their admission to the U.S. would not harm national welfare, safety, or security, and they must show evidence of rehabilitation.
2. Factors Affecting Waiver Approval
- Nature of the Crime: If the crime was violent or considered particularly serious (such as an aggravated felony), it may be more challenging to obtain a waiver, even after 15 years. In these cases, applicants may need to show “extraordinary circumstances” to justify their admission.
- Rehabilitation Evidence: Applicants must provide evidence of rehabilitation and good moral character since the time of the offense. This includes demonstrating that they have not engaged in criminal activity since then and have contributed positively to society.
- Impact on U.S. Citizens: Officials often evaluate waiver applications by considering whether a denial would cause extreme hardship to a U.S. citizen or lawful permanent resident relative. If this connection is weak or not sufficiently demonstrated, it can lead to denial.
3. Discretionary Nature of Waivers
- Waivers are discretionary; even if an applicant meets all eligibility criteria, immigration authorities have the discretion to deny the waiver based on the specifics of the case. This means that factors such as public safety concerns or perceived risks can influence the decision.
Although committing a crime over 15 years ago may allow for a waiver application under U.S. immigration law, it does not guarantee approval. The nature of the crime, evidence of rehabilitation, and potential impact on U.S. citizens are critical factors that immigration authorities consider when deciding on waiver requests. Consulting with an immigration attorney can provide guidance tailored to individual circumstances and improve the chances of a successful outcome.
What are the main reasons a waiver might be denied despite the crime being committed over 15 years ago?
Even if the crime occurred over 15 years ago, authorities can still deny a waiver for inadmissibility due to a criminal record. Here are the main reasons why this might occur:
1. Nature of the Crime
- Violent or Dangerous Crimes: If the crime is classified as violent or dangerous, the applicant must demonstrate “extraordinary circumstances” to qualify for a waiver. This is a high standard, and even if the crime occurred long ago, its severity can lead to denial.
- Crimes of Moral Turpitude (CIMT): While some CIMTs may allow for waivers after 15 years, the nature of the offense plays a crucial role in determining eligibility. Serious offenses may complicate or negate waiver possibilities.
2. Lack of Rehabilitation Evidence
- Applicants must show evidence of rehabilitation since the offense. If there is insufficient proof that the individual has changed their behavior or addressed any underlying issues (such as substance abuse), immigration authorities may deny the waiver.
3. Public Safety Concerns
- Immigration officials assess whether granting admission would pose a risk to U.S. national welfare, safety, or security. If there are concerns about potential future behavior based on past actions, this can lead to denial.
4. Failure to Demonstrate Extreme Hardship
- If applying for a waiver based on hardship to a qualifying relative (U.S. citizen or lawful permanent resident), applicants must provide compelling evidence that denial would result in extreme hardship. Insufficient documentation or weak arguments can result in denial.
5. Discretionary Nature of Waivers
- Waivers are discretionary; even if an applicant meets all technical requirements, immigration authorities retain the discretion to deny based on case specifics. Factors such as prior immigration violations or additional criminal history can weigh against approval.
Seeking Professional Guidance
Overcoming a criminal history to get a U.S. visa or green card is complex and depends on factors like your offense and visa type. Professional advice can improve your chances of success.
A qualified immigration attorney in the USA can routinely assess the complexity of the law, file waiver applications, and advocate for you. Turn to these lawyers to handle issues related to a criminal record and avoid unnecessary troubles while securing your US visa or green card.
In conclusion, while a German criminal record can present hurdles in your pursuit of a U.S. visa or green card, it is not an insurmountable barrier. With the right knowledge, guidance, and determination, you can navigate the complexities of the U.S. immigration system and move closer to realizing your American dream.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Green Card, 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, coordinating 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 do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
