A criminal record can have serious consequences for your immigration status, potentially resulting in delayed processing, application denial, or even deportation. However, strategic legal guidance can help you overcome these challenges and protect your future.
At Herhusky Law Office, PLLC, we understand the challenges of immigration cases, particularly when criminal records are involved. At our firm, you're not just another case number—you're our priority. We're committed to delivering the focused, individualized attention your case deserves. Located in Raleigh, North Carolina, we serve communities in Durham, Greensboro, Fayetteville, Charlotte, Wilson, Wilmington, and the greater North Carolina region.
Let’s explore how a criminal history might impact your immigration journey and what steps you can take to address these issues.
The Basics of Criminal Records and Immigration
A criminal record can be a substantial obstacle in any immigration case. U.S. immigration laws are designed to protect public safety, and as such, any criminal activity—whether in the U.S. or abroad—may raise concerns.
However, not all criminal records have the same level of impact. It’s essential to understand the various types of crimes and how they may affect your ability to secure a visa, green card, or U.S. citizenship.
There are different categories of crimes that can affect immigration status, and the severity of the crime will determine the level of consequence. Immigration authorities look at both the nature of the crime and how it may pose a threat to the safety or integrity of the United States.
Types of Criminal Convictions That Affect Immigration
Certain criminal convictions are more likely to cause issues during the immigration process. These convictions fall under different categories, and understanding each is vital when applying for immigration benefits.
Aggravated felonies: These are serious crimes such as murder, rape, drug trafficking, or human trafficking. Aggravated felonies can lead to automatic deportation and make individuals ineligible for various immigration benefits.
Crimes involving moral turpitude: Crimes of moral turpitude (CMT) include offenses such as theft, fraud, or assault. While not as severe as aggravated felonies, a conviction for a CMT can result in inadmissibility or denial of immigration status, depending on when the crime occurred and the circumstances involved.
Drug-related offenses: Drug convictions are among the most common issues faced in immigration cases. Even a small amount of illegal substances can lead to serious consequences, such as being barred from entering the U.S. or being removed if already in the country.
Domestic violence and abuse charges: Domestic violence crimes are also heavily scrutinized in immigration matters. Convictions of domestic violence can disqualify an individual from immigration relief, even if they’re applying for a green card or citizenship.
Sexual offenses: Crimes involving sexual misconduct, such as sexual assault or exploitation, are also highly detrimental to an immigration case. These convictions often result in inadmissibility or deportation, especially if the crime involves minors.
It’s important to note that the consequences of these convictions can vary depending on your current immigration status. In many cases, even if the crime occurred years ago, it may still affect your case.
How Criminal Records Impact Specific Immigration Processes
A criminal record can influence several types of immigration processes, including visa applications, green card petitions, and naturalization. Here’s how these processes can be affected:
Visa applications: When applying for a visa, U.S. immigration authorities will review your criminal history to determine whether you pose a security risk. A criminal conviction can make you ineligible for certain types of visas, especially if the offense is considered a serious crime.
These types of visas are affected by criminal records:
Nonimmigrant visas (tourist, student, or work visas)
Immigrant visas (family-based or employment-based)
K-1 fiancé visas
Green Card applications: When applying for a green card, criminal convictions can lead to delays, requests for additional documentation, or outright denials. Certain crimes, such as aggravated felonies or crimes involving moral turpitude, make applicants inadmissible, meaning they won’t be granted a green card.
There are criminal history checks during green card applications:
Background checks are required as part of the application process
Immigration authorities will assess the applicant’s criminal history for any disqualifying offenses
Naturalization (U.S. Citizenship) process: Criminal convictions can also complicate the naturalization process. If you’ve been convicted of certain crimes, you may not meet the good moral character requirement, which is a necessary condition for U.S. citizenship. In some cases, you may even face deportation proceedings.
These crimes affect naturalization:
Serious criminal convictions
Failure to disclose criminal convictions during the application process
Convictions for crimes committed after applying for citizenship
Criminal convictions can have a lasting impact, so it’s crucial to seek professional legal advice if you’re traversing these processes. A qualified immigration lawyer can help you understand how to approach your case and improve your chances of success.
What to Do If You Have a Criminal Record and Are Applying for Immigration Benefits
If you have a criminal record and are applying for immigration benefits, there are steps you can take to address potential issues:
Consult with an immigration attorney: If you have a criminal record, consulting an immigration attorney is essential. An experienced lawyer can assess your situation, clarify your rights, and identify strategies for addressing the impact of your criminal history on your immigration status.
Explore criminal record expungement options: In some cases, you may be able to have your criminal record expunged or sealed. Expungement will eliminate the record of your conviction, which may improve your chances of receiving immigration benefits. It’s important to check whether you’re eligible for expungement based on state law and the nature of your conviction.
Provide evidence of rehabilitation: If you’ve made efforts to rehabilitate yourself after a conviction, such as completing a rehabilitation program, attending counseling, or demonstrating good moral character over time, it can help your immigration case. Demonstrating that you’ve taken responsibility for your actions and made changes can positively influence the outcome of your application.
Seek a waiver or pardon: Depending on your circumstances, you may be eligible for a waiver or pardon for your criminal conviction. A waiver allows you to bypass certain immigration penalties, while a pardon can remove the legal consequences of your crime. Working with an immigration lawyer can help you determine if you qualify for either of these options.
Demonstrate family ties or humanitarian reasons: If you have strong family ties in the U.S. or compelling humanitarian reasons for wanting to remain in the country, these factors can be taken into consideration during your immigration proceedings. In some cases, these circumstances may allow for waivers or exceptions to be granted.
Taking steps to address your criminal history can significantly impact your immigration case. By providing evidence of rehabilitation, seeking a waiver or pardon, and demonstrating strong family ties or humanitarian reasons, you may increase your chances of a favorable outcome.
Potential Consequences of Not Disclosing Criminal Records
Failing to disclose your criminal history on your immigration application can have serious consequences. U.S. immigration authorities conduct thorough background checks, and any discrepancies between your application and your criminal record could lead to delays, denials, or even permanent bars from entering the U.S.
Immigration fraud charges: Lying about your criminal history or hiding information could be considered fraud, which is a serious offense. Immigration fraud charges can lead to severe penalties, including deportation and ineligibility for future immigration benefits.
Deportation proceedings: If U.S. authorities find that you haven’t disclosed a criminal conviction, it could lead to deportation proceedings. Even if you’re in the process of obtaining a green card or citizenship, this could complicate the case and lead to a denial of your application.
Permanent inadmissibility: In some cases, hiding your criminal record can result in permanent inadmissibility. This means you may be barred from entering the U.S. forever, even if you have close family in the country or other compelling reasons for seeking immigration status.
It's essential to be transparent during the immigration process and disclose any relevant information. Failing to do so could lead to irreversible consequences.
Contact Us Today
If you have a criminal record and are concerned about how it might affect your immigration case, it’s important to speak with an experienced immigration lawyer. At Herhusky Law Office, PLLC, we serve clients in Raleigh, North Carolina, and Durham, Greensboro, Fayetteville, Charlotte, Wilson, Wilmington, and the greater North Carolina region. We’re here to provide the legal assistance you need. Reach out to us today for a consultation.
