One of the questions asked on your green card application is whether you have ever been convicted of a crime. Even though you may not want to admit your criminal history, you must answer truthfully, as lying in and of itself is grounds for inadmissibility into the United States. Importantly, though, the United States Citizenship and Immigration Services (USCIS) mainly holds concerns over specific offense types. So please read on to discover which criminal offenses might negatively influence your immigration application and how one of the seasoned Lancaster County immigration waiver lawyers at Lupton Law LLC can help you overcome this posed hurdle.

What types of criminal offenses might affect my immigration application?

Firstly, you must have been previously convicted of a certain criminal offense. A conviction means that a court ruled you were guilty. Or, that you admitted guilt to enter a plea bargain, even though part of the deal was that this offense would not appear on your criminal record. Secondly, your committed offense must have either been an aggravated felony, a crime involving moral turpitude, or a crime involving illegal drugs.

Under these circumstances, it is significantly unlikely that the USCIS will approve your immigration application. That said, below is a specific list of crimes that may hinder your chances of admissibility:

  • Aggravated felony offenses:
    • Murder, sexual abuse of a minor, and aggravated assault.
    • Trafficking controlled substances or possession with intent to distribute.
    • Money laundering or filing a false tax return to evade over $10,000.
  • Crimes involving moral turpitude:
    • Domestic violence, rape, human trafficking, kidnapping, and prostitution.
    • Embezzlement and forgery.
    • Burglary and theft.
    • Animal abuse or fighting.
  • Crimes involving illegal drugs:
    • Any drug-related criminal conviction besides possession of 30 grams or less of marijuana for personal use.

Does it matter if my sponsor has a criminal history?

You may have a clean conscience in not having a criminal record. However, you may feel as though you are taking another step back after learning that the sponsor for your family-based or marriage-based green card application has a criminal history.

Well, you may rest a little easier knowing that their criminal history may not automatically disqualify you for immigrant status. This is unless their previous conviction involved an offense against a minor. Specifically, this may be kidnapping a minor, possessing, producing, or distributing child pornography, criminal sexual conduct involving a minor, etc.

Otherwise, the USCIS may carefully consider whether your sponsor’s crime was violent or non-violent, how long ago it took place, and other extenuating circumstances. Ultimately, they are looking out for your best interests in determining whether your sponsor would pose a risk to your safety upon your entry into the United States.

Before this gets too much, please seek the guidance and counsel of one of the competent Lancaster County immigration waiver lawyers from Lupton Law LLC. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.