Applying for a green card is a major milestone in the immigration journey. But for immigrants with a past arrest, charge, or conviction, one question often causes sleepless nights:

“Will my criminal record stop me from becoming a permanent resident?” The answer depends on the type of crime, your immigration history, and how your case is presented.

Why Criminal Records Matter in Green Card Applications

U.S. immigration law treats some crimes as “red flags” that can make an immigrant inadmissible (not eligible to enter or stay in the U.S.). When applying for a green card, immigration officials carefully review an applicant’s criminal history to decide whether they qualify for permanent residency.

Types of Crimes That May Affect Eligibility

1. Crimes of Moral Turpitude (CMTs)
2. These are crimes that involve dishonesty, fraud, or intent to harm.
3. One CMT may not always bar residency, but two or more usually do.
4. Aggravated Felonies
5. This category is defined broadly under immigration law and often carries the harshest consequences.
6. Examples: drug trafficking, violent crimes, firearms offenses, or major fraud.
7. Convictions often result in mandatory deportation and denial of residency.
8. Drug-Related Offenses
9. Drug crimes are among the most damaging for immigrants.
10. Even a minor possession conviction can block a green card.
11. One exception: possession of a very small amount of marijuana may not bar residency.
12. Domestic Violence and Protective Order Violations
13. Convictions for domestic violence, child abuse, or violating protective orders can lead to deportability.
14. These also negatively affect residency and citizenship applications.

Can You Still Get a Green Card With a Criminal Record?

The good news is that not every conviction automatically ends your dream of becoming a permanent resident. Several factors are considered:

• Type of Crime: Some crimes are forgivable, others are not.
• Time Since Conviction: Older offenses may carry less weight.
• Sentence and Circumstances: Reduced charges, dismissals, or plea deals may help.
• Waivers of Inadmissibility: In certain cases, immigrants can apply for waivers to overcome criminal grounds.

How an Immigration Attorney Can Help?

Navigating criminal records in immigration law is extremely complex. A lawyer experienced in both criminal defense and immigration law is critical to:

• Review criminal records and evaluate impact on eligibility.
• Work with criminal defense attorneys to reduce or modify charges.
• Apply for waivers when possible.
• Present strong evidence of rehabilitation, family ties, and good moral character.

A criminal record does not always mean the end of your immigration journey, but it does make the process more challenging. Every case is unique, and the outcome depends on the details of the conviction and the strategy used in your application.