Applying for a green card through a family member is a significant step toward building a life in the United States. But if you or your loved one has a criminal record, the process can become more complicated. Certain convictions can trigger inadmissibility, meaning the government may deny the petition or visa. However, in many cases, there are ways to overcome these hurdles if you understand what’s required and prepare your case properly.
Here, we’ll take a closer look at the types of crimes that raise red flags, how they’re treated under immigration law, and what can be done to move forward.
What Crimes Make You Inadmissible?
U.S. immigration law identifies several types of criminal activity that can block an applicant from getting a green card:
- Crimes involving moral turpitude (CIMT): These include offenses like fraud, theft, domestic violence, and certain types of assault.
- Drug offenses: Even a single conviction for simple possession can cause problems.
- Multiple convictions: Two or more offenses, even if minor, may lead to denial if the total sentence exceeds five years.
- Prostitution, money laundering, and aggravated felonies: These offenses typically make a person inadmissible and harder to qualify for a waiver.
- Aggravated felonies: These carry the harshest consequences. They often result in permanent inadmissibility and make waivers unavailable in most cases.
Some crimes carry a permanent bar. Others may still allow for a second chance through a waiver process.
Misdemeanors vs. Felonies: Does It Matter?
Yes, the type and severity of the offense matter. A single misdemeanor may not be a dealbreaker, especially if enough time has passed and the offense wasn’t violent or drug-related. For example, a petty theft conviction from 10 years ago might be forgiven with strong evidence of rehabilitation.
Felonies, on the other hand, are taken more seriously. If the offense qualifies as an “aggravated felony” under immigration law, such as burglary, drug trafficking, or sexual abuse, it can permanently bar someone from receiving a green card or reentering the U.S.
Still, not all felonies are treated the same. We help clients understand where their conviction falls and what steps might be available.
Can You Apply for a Waiver?
In some cases, a waiver can overcome a criminal ground of inadmissibility. There are two common types:
- Form I-601: This is the traditional waiver for most criminal issues and is typically filed if you’re outside the U.S. or were denied during adjustment of status.
- Form I-601A: This is a provisional waiver that applies only to unlawful presence, not criminal convictions, and is filed while inside the U.S.
To qualify, you usually need to prove that denying your green card would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. We work closely with clients to assess their eligibility and prepare strong waiver applications.
Full Disclosure and Proper Documentation
If you’ve ever been arrested, even if the charges were dropped, you must disclose it. Failure to do so can result in a denial or permanent bar for misrepresentation.
Here’s what you’ll need to provide:
- Certified court records for each incident
- Police reports, if available
- Proof you completed your sentence, probation, or treatment
- Any available evidence of rehabilitation or positive conduct since the offense
We help you gather and organize these documents to ensure nothing is missing.
Proving Rehabilitation
If you’re applying for a waiver, showing rehabilitation can make a big difference. Officers want to see that the offense was an isolated incident and that you’ve made efforts to improve your life. Helpful evidence includes:
- Proof of steady employment or education
- Completion of counseling, drug treatment, or anger management
- Letters of support from employers, community members, or religious leaders
- A clean record in the years since the offense
Typical Immigration Scenarios
Case 1: A man with a misdemeanor shoplifting conviction from 2008 applied for a green card through his U.S. citizen spouse. Because he had no other offenses, completed probation, and submitted strong community letters, his I-601 waiver was granted.
Case 2: In 2025, a family-based petition was denied after USCIS found a felony drug trafficking conviction from 2011. Despite evidence of rehabilitation, the offense fell under the aggravated felony bar, making the applicant permanently inadmissible without relief.
These examples show how the details of your record—what the offense was, how long ago it happened, and what you’ve done since—can significantly affect the outcome.
Talk to a Florida Immigration Attorney Today
Immigration cases involving criminal records require careful handling. Whether you’re applying for a green card or facing a visa denial, we will help you understand your legal options and build the strongest case possible.
At Central Justice, we work with Florida families to prepare waiver applications, gather supporting evidence, and present rehabilitation records in a way that tells your whole story. Contact us today for a confidential consultation.
