If you have any concerns about your criminal history and how it may affect your immigration application, it’s advisable to contact an experienced New Jersey Immigration Lawyer who can help determine if you are eligible for a waiver. Please continue reading as we explore what you should know about these matters.
How Can My Criminal History Impact My Immigration Application?
A considerable amount of personal information, including criminal history, is required when applying for an immigrant visa, green card, or citizenship in the United States. Criminal history is a crucial factor in the immigration process. Any criminal record, whether domestic or foreign, can impact your application and ability to obtain residency. Immigration authorities use this information to assess whether an applicant poses a threat to public safety or national security.
When completing your immigration application, it’s crucial to be completely truthful. The application will require you to disclose any past arrests or convictions, regardless of the outcome. This includes instances in which you were arrested but not charged or where charges were dismissed.
Failing to disclose your complete criminal history can have serious consequences. It can result in the immediate denial of your application, as well as a potential ban on future immigration benefits. In addition, providing false information on your applicaiton can be considered fraud and may lead to criminal charges. You should note that immigration officials have access to various databases and can verify the information you provide. Therefore, it’s better to be upfront about your past than to risk jeopardizing your immigration status.
What Crimes Can Negatively Affect My Application?
A criminal record doesn’t automatically preclude you from obtaining a visa or green card in the United States. However, the nature of the crimes committed can significantly impact your eligibility. Certain offenses are grounds for inadmissibility, which means you may be denied entry into the U.S. or prevented from obtaining a visa, lawful permanent residence, or citizenship. It’s important to note that even if you possess a valid visa or green card, certain criminal convictions can lead to deportation. The types of crimes that can affect your immigration status include:
- Crimes involving moral turpitude: These are offenses that involve dishonesty or a lack of moral character, such as theft, fraud, assault, and drug crimes.
- Aggravated felonies: This category includes serious crimes like murder, rape, and drug trafficking.
- Drug-related offenses: This includes the possession, distribution, or trafficking of illegal controlled substances.
- Domestic violence: This includes any form of violence or abuse against an intimate partner or relative.
- Multiple crime convictions: Having multiple convictions on your record, even minor offenses, can raise concerns about your admissibility.
Although USCIS adjudicates on a case-by-case basis and the final decision will depend on the specific details of your situation, these crimes could harm your application. In some cases, you may be able to overcome the negative impact of a criminal record through a waiver.
If you have a criminal record and are applying for a visa or green card, it’s in your best interest to seek advice from an experienced New Jersey immigration attorney. At the Law Offices of Aditya Surti, LLC, we are prepared to assess your situation, advise you on your eligibility, and help you navigate the complex legal process. Connect with our firm today for more information.
