Whether you are a Lawful Permanent Resident (LPR) applying for citizenship, or a foreigner seeking immigration to the US, if you have a criminal record it can result in denial of any immigration paperwork. When applying for immigration or citizenship, the United States Citizenship and Immigration Services are very thorough with background checks. Lying on the form can result in absolute denial, so do not lie under any circumstances. Once the USCIS has investigated your application, they make the decision of whether you will be accepted in the US or not. If you don’t have a criminal record there is no need to worry.
Having a criminal record typically makes denial a possibility and almost always makes the immigration process complicated, it can be waived off through proper legal proceedings. The term “Conviction” has a much broader definition in Immigration Laws than in Criminal Laws. If you were ever convicted, it will contribute to acceptance or denial of your application. Thankfully, minor traffic violations won’t have any effect on these proceedings. Usually the main 3 offenses that might make you inadmissible to the US are aggravated felonies (murder, drug trafficking, sexual abuse of a minor, and a falsified tax return), immortality (murder, rape, and fraud), and drug convictions.
The above-mentioned crimes are generally strict but on legal grounds, but they can be challenged to get a waiver. Therefore, if you are seeking citizenship or immigration to the US and have some form of Criminal Record, you are recommended to get legal counsel immediately.
If you have committed some offenses in a foreign country, then the USCIS will investigate and there is a chance with proper legal guidance that you can be admitted to the US. However, if you are already residing in the US and applying for a Green Card, you must answer a series of questions about your offenses history on form I-485. You must remember not to lie on the form under any circumstances. In case there is a complication, you must seek legal counsel that can help you when needed. The main purpose of these proceedings is to protect US citizens from all kinds of harm. Hence, if you can prove to the courts that your criminal record or convictions will not endanger anyone in the US, it is possible to get a waiver on the charges. However, you can’t get a waiver for serious felonies like rape, murder, or drug trafficking. In case of minor drug possession for personal use (less than 30 gm of Marijuana), you can get a waiver. Our law firm has experienced lawyers with expertise in immigration laws. They can help you in preparation of your Green Card and Waiver forms and also provide you with legal guidance to achieve your US Citizenship.
