Criminal Conviction and Green Card

When applying for a green card, there are certain general crime bars that may prevent an applicant from being approved. These bars are intended to protect the safety and well-being of U.S. citizens and prevent those who pose a risk to society from entering the country.

One of the most common crime bars is crimes involving moral turpitude (CIMT). CIMT is a legal term used to describe conduct that is considered contrary to community standards of justice, honesty, and good morals. Examples of CIMT include fraud, theft, and aggravated assault.

Drug-related offenses are also a general crime bar. This includes the possession, sale, or trafficking of illegal drugs. It is important to note that even if the offense is considered a misdemeanor in the state where it occurred, it can still be considered a general crime bar for immigration purposes.

Money laundering is another crime that can bar an applicant from obtaining a green card. This involves transferring or disguising the proceeds of criminal activity in order to make them appear legitimate.

Prostitution or commercialized vice is another general crime bar. This includes engaging in prostitution or operating a business that profits from prostitution.

Human trafficking is a serious crime that can result in a permanent bar to obtaining a green card. This involves recruiting, transporting, or harboring people for the purpose of forced labor or sexual exploitation.

Espionage, which involves spying on behalf of a foreign government, and terrorism, which involves acts of violence against civilians for political purposes, are also general crime bars.

If an applicant has been convicted of any of these crimes, it is likely that they will be deemed inadmissible and their green card application will be denied. However, in some cases, waivers may be available if the applicant can demonstrate that they are not a threat to society and that denying their application would cause extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

It is important to consult with an experienced immigration attorney if you have a criminal record and are considering applying for a green card. They can advise you on your options and help you navigate the application process.