Can You Get a Visa if You Have a Criminal History?

When you’re hoping to legally immigrate to the United States, you should look back at your past to see if there are any red flags that your immigration lawyer in Los Angeles should be aware of. It’s no secret that the Trump Administration significantly tightened restrictions on who could immigrate into the country, and the Biden Administration has a long road ahead of them if they want to reverse those orders. The strict and complicated immigration policy is why many choose to hire a lawyer to help them through the immigration process. 

While evaluating your eligibility to become a green card holder, you may balk at the fact that you have a criminal record. Commiting a crime is going to make your immigration significantly more difficult, no matter who’s in office, as certain crimes can bar you from obtaining a green card.

Crimes That Will Block You From Getting a Green Card

During the interview process after you apply for a green card, you will find that a large portion of the interview questions are about criminal history. Not all criminal histories will make it impossible to get a green card, sof you’ve never received more than a traffic violation, you don’t need to worry. 

However, there are a number of crimes that can make you ineligible for a green card or visa. Crimes that may make you inadmissible are: 

• Aggravated Felonies 
• Crimes Involving Illegal Drugs 
• Crimes Involving Moral Turpitude

Aggravated Felonies

Federal immigration law sees any aggravated felonies as very serious crimes to have on your record. The definition of “aggravated felony” is very broad, covering more than thirty different kinds of offenses.  Any of the following is considered an aggravated felony: 

• Battery 
• Theft 
• Filing a False Tax Return
• Failing to Appear in Court

As you can see from above, an aggravated felony does not have to be a violent crime. Also, some crimes that may normally be considered misdemeanors are labelled as aggravated felonies when you are trying to come to the U.S. 

The term “aggravated felony” has changed over time, and it’s possible that a crime you committed several decades ago did not carry the same weight it does now. If you were convicted of a crime that later becomes labeled an aggravated felony, you become inadmissible and/or deportable if you’re already in the country.

Crimes Involving Drugs

Due to the country’s attempt to crack down on the international drug trade, crimes involving drugs are taken very seriously. If you have any sort of affiliation with drugs or drug trafficking on your record, you cannot get a green card. 

A controlled substance violation is defined by the federal government as the illegal possession of illicit drugs such as cocaine, heroine, of marijuana. Although marijuana is legal in some states, it’s not legal at the federal level, meaning a marijuana charge is still inadmissible.

Any drug affiliation can mean rejection of your green card application, including situations where you aided, conspired, or benefited from illicit drug trafficking. If a family member was a drug dealer within the last five years, and you received or benefited from their illegal income, this relationship can mean serious consequences for your immigration application. 

Crimes Involving Moral Turpitude

Another type of criminal conviction that you don’t want on your record is for a “crime of moral turpitude.” This generally refers to any crime committed with an intent to defraud someone or to physically hurt someone. Crimes of this nature include: 

• Murder
• Rape or Aggravated Sexual Assault 
• Animal Abuse 
• Theft
• Fraud

This is a very subjective category that depends on the USCIS and the immigration courts. Since it’s subjective, an attorney for crime-related immigration defense in Los Angeles will prove extremely helpful, as they can check for any loopholes in your ineligibility. 

Exceptions

If you are declared inadmissible by the Immigration and Nationality Act, it may be impossible for you to get a green card. You can tell your immigration lawyer about your criminal past to see if there’s anything they can do to help your inadmissibility. 

Luckily for your green card application, there are a few exceptions that your lawyer can help you take advantage of. A waiver may be submitted in order to have the immigration courts excuse your crime. 

Interpreting the impact of your crime and seeking legal forgiveness is one of the more complex areas of immigration law, which is why you should hire a defense lawyer from Grey Immigration. It is going to be worth it if your criminal convictions are waived. By scheduling a consultation with one of our attorneys, you can have an honest discussion about your criminal history and eligibility for a visa or green card.