Sponsoring a loved one for a family-based green card is an act of love, but the process often involves rigorous paperwork. If you or a family member has a past criminal record, you may encounter additional hurdles along the way.
Since the U.S. Citizenship and Immigration Services (USCIS) evaluates the criminal records of a petitioner and applicant, understanding how federal immigration rules view state-level offenses is crucial.
The restrictions you may face as a petitioner
As a petitioner, you can sponsor a family member, except if your criminal offense involves a minor. Under the Adam Walsh Act, having a conviction of a specified offense against a minor bars you from profiling a family-based immigration petition.
If your past offense is driving under the influence or a traffic violation, your record may not affect your legal ability to sponsor. However, you must be fully transparent during the application.
The obstacles your family member may face as a beneficiary
The USCIS is more strict when it comes to family members seeking a family-based green card. Under federal law, a beneficiary becomes ineligible to receive a visa or enter the country if they have a conviction for any of these offenses:
- Crimes that involve fraud, theft, forgery and domestic assault
- Drug offenses
- Aggravated felonies, such as murder, major trafficking or grand theft
- Multiple criminal convictions, where the combined prison sentences add up to over five years
While these can be grounds for inadmissibility, your beneficiary may be eligible to apply for an I-601 Waiver of Inadmissibility.
How an expunged conviction in Louisville affects admissibility
For instance, say you or a family member successfully expunged a criminal record in a Louisville court. While Kentucky treats this as if you were never convicted of such a crime, federal immigration law does not recognize state expungements.
The Immigration and Nationality Act treats convictions as still existing when you plead guilty, no contest or are found guilty. This also applies when a judge orders restraint on your liberty. Because of this, you or your loved one must admit the conviction on all forms to avoid willful misrepresentation.
Seeking legal advice on family-based green cards
You may have a lot of questions and doubts about helping your family apply for a green card. The best way to approach immigration concerns is to gain more insights about the process and its requirements. Before you start a petition for a family member, seeking counsel from an immigration law attorney is wise.
