If you are worried about the impact of your criminal history on your immigration application, you should connect with a qualified Essex County Immigration Attorney for guidance and skilled representation. Please continue reading as we explore how your criminal record can impact your legal status.
How Can My Criminal History Impact My Immigration Application?
When applying for U.S. immigration benefits, such as a visa, green card, or citizenship, applicants are required to provide extensive personal information, including details about their criminal history. Any criminal record, both domestic and foreign, can affect an applicant’s eligibility. U.S. immigration authorities conduct thorough investigations of all applications, including criminal background checks. This information is used to determine whether an applicant may pose a threat to public safety or national security. If an applicant has a criminal record, they may be found inadmissible and unable to obtain their desired legal status.
Honesty is crucial when completing your immigration application. You must disclose all past arrests and convictions, even if they didn’t result in charges or happened in a different jurisdiction. Failing to disclose this information can lead to your application being denied and a potential ban on future immigration benefits. Immigration officials can verify your information, so it’s best to be upfront about your criminal past.
What Crimes Can Negatively Impact My Application?
While having a criminal record doesn’t automatically bar you from obtaining a visa, green card, or U.S. citizenship, the nature of the crimes committed can significantly impact your eligibility. Certain offenses can lead to inadmissibility, preventing you from entering the U.S. or obtaining a green card or citizenship, and some can even result in deportation. The following crimes can affect your immigration status:
- Aggravated felonies: These are serious crime like murder, rape, drug trafficking, racketeering, and certain types of fraud.
- Crimes involving moral turpitude: These are crimes that involve a breach of trust and demonstrate a lack of moral character. Examples include theft, fraud, sex offenses, assault, and drug offenses.
- Controlled substance violations: This includes the possession, distribution, or trafficking of illegal drugs. You should note that even minor drug offenses can have significant immigration ramifications.
- Domestic violence or related offenses: Convictions for any form of violence or abuse against a family member or intimate partner.
- Multiple convictions: Having multiple criminal convictions on your record, even minor offenses, can raise questions about your admissibility. It’s important to note that having two or more convictions where the prison sentences total five years or more can lead to inadmissibility.
In some cases, you may be eligible for a waiver of inadmissibility if you can demonstrate that your crime was minor, occurred a long time ago, or that you have been rehabilitated. However, obtaining a waiver can be challenging, making it essential ot have a strong legal advocate on your side.
At The Law Offices of Christopher T. Howell, Esq, we are prepared to assess your situation and advise you on your eligibility. Connect with our firm today for more information.
