Having a criminal record can make immigration more complicated, but it doesn’t always mean you’re barred from entering the United States. The type of crime, when it happened, and whether you have multiple convictions all play a role in determining your eligibility. Some offenses can result in automatic inadmissibility, while others may not affect your case at all. In many situations, waivers are available, allowing applicants to move forward despite past mistakes. If you have a record, understanding your options is the first step toward finding a path forward. We can help you explore those options.
Types of Crimes That Can Affect Immigration
Not all crimes affect immigration in the same way. Some convictions lead to automatic inadmissibility. Others may not impact your ability to enter or remain in the United States. The severity of the crime, when it occurred, and the sentence length all factor into the decision.
Certain offenses make immigration much more difficult, including:
- Crimes of moral turpitude (CMTs): This broad category includes offenses involving dishonesty, fraud, or harm to others. Examples include theft, assault, and certain fraud-related crimes.
- Drug-related offenses: Even minor drug charges can create problems. However, some exceptions exist for simple possession of marijuana under a certain amount.
- Multiple convictions: If you have two or more convictions with a combined sentence of five years or more, you may be inadmissible.
- Violent crimes: Homicide, domestic violence, and aggravated assault often result in a denial of entry.
Some older or minor offenses may not impact your application, but it’s important to assess your record carefully. We can help determine whether your convictions affect your immigration options.
Waivers and Exceptions for Inadmissibility
A criminal record doesn’t always mean you’re permanently barred from immigrating to the United States. In many cases, a waiver can allow you to overcome inadmissibility and move forward with your application. Whether you qualify depends on the type of crime, how long ago it occurred, and your personal circumstances.
Waivers may be available for:
- Old or minor offenses: If your conviction happened years ago and you’ve demonstrated rehabilitation, you may qualify for a waiver.
- Crimes committed under specific circumstances: If you were coerced or forced into committing an offense, that may factor into your eligibility.
- Family hardship cases: If denying your immigration would cause extreme hardship to a U.S. citizen or lawful permanent resident family member, a waiver may be granted.
- Juvenile offenses: Some crimes committed before the age of 18 may not impact immigration, especially if significant time has passed.
Applying for a waiver requires strong documentation and a clear argument showing why you deserve one. Evidence of rehabilitation, good moral character, and contributions to the community can strengthen your case. We can help you gather the right information and present a compelling request for a waiver.
Steps You Can Take if You Have a Criminal Record
If you have a criminal record and want to immigrate to the United States, taking the right steps early can improve your chances. The immigration process considers the details of your conviction, but preparation can make a difference.
Here’s what you can do:
- Obtain your criminal record. Get official copies of all arrests, charges, and court dispositions. This helps determine whether your convictions impact immigration.
- Check if expungement is an option. Some state laws allow certain convictions to be cleared. While expungement doesn’t always erase an offense for immigration purposes, it may still help.
- Seek legal guidance before applying. Immigration law treats different crimes in different ways. Understanding where you stand before filing can prevent unnecessary denials.
- Prepare for a waiver if needed. If your crime makes you inadmissible, gather evidence of rehabilitation, such as letters of support, proof of community involvement, or documentation of hardship.
We can review your situation and help you put together the strongest possible case.
Get the Right Guidance for Your Immigration Case
A criminal record doesn’t always mean you can’t immigrate to the United States. Some offenses have little impact, while others require waivers or additional documentation. Taking the right steps can improve your chances of approval. At Central Justice, we can review your history, explain your options, and help you build a strong case. Don’t let past mistakes define your future—contact us today to discuss your situation and take the next step toward your immigration goals.
