If you have a criminal history, there is a chance you could be denied a green card. However, being convicted of certain crimes does not mean an automatic denial.
Traffic violations will usually not bar you from getting a green card. However, if the traffic violation resulted in serious injury or death of someone, that could be problematic.
Having a misdemeanor does not automatically mean you won’t get a green card. The severity of the crime you were convicted of makes all the difference. Being charged with a misdemeanor drug or theft crime does not fair as well as someone charged with misdemeanor vandalism.
If you have been charged with an aggravated felony, it could be extremely difficult to be considered for a green card. Examples of aggravated felonies include murder, sex trafficking, sexual abuse, drug trafficking, and filing a false tax return.
Crimes of Moral Turpitude
A crime of moral turpitude is seen as a crime that was committed with evil intent. This is subjective and is up to the court to decide whether a crime should be considered of moral turpitude.
Examples of crimes of moral turpitude could include murder, rape, fraud, and animal abuse and/or fighting.
There are a few exceptions that the court will sometimes consider when it comes to crimes of moral turpitude including if the crime was committed when the person was under 18; the crime happened more than five years ago and the person has finished their punishment; or when convicted of the crime, the imprisonment was no longer than six months, or also defined as a “petty offense.”
It is also important to note that when filling out a green card application, even if you have committed a crime that may get you denied, it is best to tell the truth and not lie about the offense. Lying can also be an automatic denial of a green card, so it is important to be honest about past offenses and let the court decide what is best.
Don’t feel like you have to fill out a green card application on your own. At Arnaout Immigration Law Firm we’ve helped thousands with their immigration status and will do everything we can to help you too. With our multilingual team of attorneys, we will fight for you to have the best outcome possible. Reach out today at (818) 276-9900.