When applying for a U.S. marriage-based green card, honesty and full disclosure are critical. All applicants must reveal any arrests or convictions—regardless of how minor they may seem. U.S. immigration background checks are thorough and will uncover any undisclosed criminal history.
Certain types of crimes, including aggravated felonies, drug-related offenses, and crimes involving moral turpitude, can render an applicant inadmissible. However, a criminal record does not automatically disqualify you from obtaining a green card. In some cases, a legal waiver may help overcome a past conviction, depending on the type and severity of the crime.
Because the U.S. government takes fraud prevention very seriously, marriage-based green card applications undergo close scrutiny. This process can become even more complex if an applicant has a prior conviction or criminal charge. Under immigration law, every applicant must disclose their criminal record, whether the offense occurred in the U.S. or abroad.
If you or your spouse have a criminal history, immigration attorneys at Green Card Link can help you understand your options and improve your chances of approval.
Can You Get a Green Card With a Criminal Record?
The answer depends on the nature of your offense and how it’s classified under U.S. immigration law, not merely on local or state definitions such as “felony” or “misdemeanor.” While some crimes may lead to inadmissibility, others may be waived or mitigated with legal support.
The immigration attorneys at Green Card Link have successfully represented clients with criminal histories, guiding them through every stage of the green card application and waiver process.
Crimes That Can Prevent You From Getting a Marriage Green Card
When completing the criminal history section of your marriage-based green card application, it’s essential to disclose every encounter you’ve had with law enforcement—both inside and outside the United States. Even minor or expunged cases must be mentioned. Failing to do so could result in severe penalties, including denial of your petition or permanent ineligibility.
Not all offenses result in automatic denial. Under U.S. immigration law, crimes are categorized into three main groups:
- Crimes Involving Moral Turpitude (CIMTs)
- Aggravated Felonies
- Drug-Related Crimes
Let’s explore each category in more detail.
Crimes Involving Moral Turpitude (CIMTs)
A crime involving moral turpitude refers to a crime committed with deliberate malicious intent or moral depravity. Although there is no single statutory definition, courts generally interpret these as acts that “shock the public conscience” or demonstrate inherently vile or reckless behavior.
Common examples include:
- Fraud or bribery
- Blackmail or burglary
- Kidnapping or murder
- Abandonment of a minor
- Lewd conduct or rape
These offenses fall into four general categories: crimes against persons, property, family and sexual integrity, and government authority. However, not all minor infractions—such as some forms of assault or traffic violations—qualify as crimes involving moral turpitude.
If your spouse has been convicted of such an offense, it’s vital to consult an immigration attorney at Green Card Link to assess potential waivers or legal remedies.
Aggravated Felonies
Aggravated felonies are among the most serious offenses under immigration law and often lead to deportation or permanent inadmissibility. The term does not necessarily align with how “felony” is defined under state or federal criminal law. Instead, the Immigration and Nationality Act (INA) provides a specific list of offenses that qualify, including:
- Murder, rape, or sexual abuse of a minor
- Drug or firearm trafficking
- Money laundering exceeding $10,000
- Theft or violent crimes with a sentence of at least one year
- Child pornography offenses
- Human trafficking or prostitution management
- Perjury, obstruction of justice, or failure to appear in court
- Crimes involving torture, persecution, or genocide
These offenses carry extremely serious immigration consequences. If you or your spouse have been convicted of an aggravated felony, speak with an immigration attorney at Green Card Link immediately to explore your legal options.
Drug-Related Crimes
Drug-related crimes, even those involving small quantities, can make an applicant inadmissible to the United States. This includes possession, use, or trafficking of controlled substances such as cocaine, heroin, or marijuana—even if marijuana is legal under state law.
However, there are limited exceptions. For instance, a single conviction involving less than 30 grams of marijuana may still allow eligibility for a waiver when supported by appropriate documentation and legal representation.
Will Immigration Officers Discover Undisclosed Crimes?
Yes. U.S. Citizenship and Immigration Services (USCIS) conducts extensive biometric screenings and background checks during every green card application. This process reveals all prior arrests and convictions, including those from foreign jurisdictions.
Failing to disclose past crimes can result in denial of your application, a permanent bar from immigration benefits, or even removal (deportation) if you are already in the U.S. Providing false or misleading information is considered misrepresentation, which carries severe immigration penalties.
To avoid these outcomes, be completely transparent and work with experienced immigration attorneys at Green Card Link who can present your case accurately and help you apply for any necessary waivers.
How to Disclose Past Crimes on Your Green Card Application
When completing your marriage-based green card application, you will encounter questions related to your criminal history under the section addressing inadmissibility. For each “yes” response, you must provide a detailed explanation that includes:
- The date, location, and nature of the offense
- A brief description of what occurred
- Any official documents, such as police reports, court judgments, or proof of rehabilitation
Full disclosure, paired with legal guidance, ensures your petition remains credible and minimizes the risk of denial. The immigration attorneys at Green Card Link can help you prepare these explanations and assemble the required documentation.
Green Card Sponsors with Criminal Records: What You Need to Know
When applying for a marriage-based green card, both the immigrant and the U.S. citizen or permanent resident sponsor undergo thorough background checks. If the green card sponsor has a criminal record, it can affect the application’s outcome. Certain convictions, especially those involving serious offenses, can disqualify a sponsor from petitioning for a spouse.
Crimes That Can Disqualify a Sponsor
Some criminal convictions make a sponsor ineligible to file a marriage-based green card petition. These include:
- Sexual abuse of a minor
- Offenses involving child pornography
- Kidnapping
- Crimes involving physical or psychological abuse of a child
If a sponsor has been convicted of any of these offenses, the petition will likely be denied. Ultimately, the Department of Homeland Security (DHS) has the final authority to determine whether a petition can proceed.
Does a Criminal Record Automatically Deny a Marriage-Based Green Card?
Not necessarily. Having a criminal record does not always result in automatic denial. In many cases, applicants may qualify for a waiver that allows them to move forward if they meet specific legal criteria. However, some crimes—such as murder, drug trafficking, or other major felonies—generally disqualify applicants from obtaining a waiver.
Depending on the nature and severity of the offense, you may still be eligible to request a waiver. One of the most common grounds is proving that denial would cause extreme hardship to your U.S. citizen or permanent resident spouse. Another is seeking relief under INA Section 212(a)(2), which covers certain criminal grounds of inadmissibility.
Crimes that may qualify for a waiver include:
- Convictions related to prostitution
- Crimes involving moral turpitude (CIMT)
- Possession of less than 30 grams of marijuana
Does the Timing of the Crime Matter?
Yes. The timing of the offense can significantly affect your eligibility. Immigration officers evaluate your moral character during the three to five years before your application. A recent conviction could lead to denial, while an older, isolated incident—especially one more than ten years ago—may carry less weight.
If the conviction was minor and occurred long ago, you may still be considered for permanent residency. However, those with aggravated felony convictions are generally permanently barred from obtaining a green card.
Filing a Waiver for a Green Card with a Criminal Record
The process for filing a criminal record waiver depends on where you apply:
- If applying from outside the U.S.: You’ll attend a consular interview first. The immigration officer will inform you if your record affects admissibility and whether you qualify for a waiver. If eligible, you’ll file your waiver through USCIS, and once approved, your case will be sent to the U.S. Embassy for a follow-up interview.
- If applying from within the U.S.: You can file the waiver at the same time as your Form I-485 (Adjustment of Status) or while it’s pending. Filing both together often helps reduce delays.
Form I-601, Application for Waiver of Grounds of Inadmissibility
To request a waiver, you must complete and submit Form I-601 with strong supporting evidence. This may include documentation proving you qualify for the waiver or demonstrating that denying your green card would cause extreme hardship to your spouse.
The filing fee for Form I-601 is currently $1,050, payable by personal check, money order, or cashier’s check. (Note: Always verify the latest USCIS fees before filing.)
You may also include Form G-1145 (E-Notification) to receive electronic updates on your application status.
How Green Card Link Can Help
Whether you are applying for a marriage-based green card or appealing a denial due to a criminal history, the process can be complex. USCIS officers have broad discretion in deciding whether your past offenses make you inadmissible. Even minor misdemeanors can create complications if your case isn’t clearly presented.
At Green Card Link, our experienced immigration attorneys have extensive experience assisting clients with green card petitions involving criminal records. The immigration attorneys at Green Card Link will:
- Review your case in detail
- Evaluate your eligibility for a waiver
- Help gather compelling evidence
- Prepare and submit a clear, well-supported petition
If your case has already been denied or you’re unsure how your record affects eligibility, contact Green Card Link today for a confidential consultation. Our team is here to help you navigate your immigration journey with confidence.