Will a Criminal Conviction Impact Family-Based Immigration Petitions?
There are many ways foreign nationals can immigrate to the United States. Of these, family-based immigration is one of the most common. American citizens and lawful permanent residents in the country can sponsor certain family members to enter the country. As with all other types of immigration applications, a criminal conviction can significantly impact a case. Below, our Tampa immigration attorney explains in greater detail.
What Crimes Impact Family-Based Immigration Petitions?
Not all criminal convictions will result in a denial of a family-based immigration petition. However, if a sponsor has been convicted of certain types of crimes, the United States Citizenship and Immigration Services (USCIS) may deny the application. These offenses are as follows:
- Violent crimes
- Drug offenses
- Crimes involving child abuse
In addition to the above, if a sponsor has been convicted of multiple crimes involving substantial jail sentences, the USCIS may also deny the application.
USCIS also views aggravated felonies as very serious. Under immigration law, these offenses are considered the most severe. A conviction for an aggravated felony can deem a sponsor automatically ineligible to participate in family-based immigration.
Important Considerations Regarding Criminal Convictions
Many believe that if their charges are dropped or later withdrawn, U.S. Customs and Border Patrol (CBP) officers might still refuse entry at the border. This remains true even if the criminal conviction was sealed or expunged, since these records are not automatically accessible to border patrol agents.
If you have criminal charges or a conviction on your record, it is essential that you be honest with immigration officials. While it is tempting to be dishonest, officials will likely learn the truth. The fact that you lied can be grounds for denying the application.
Steps to Take if You Have a Criminal Conviction
A single mistake shouldn’t prevent you from reuniting with your family. Fortunately, if you have a criminal conviction, there may be steps you can take to address the situation.
You may be able to apply for a discretionary waiver to overcome the challenges of a criminal conviction on your record. If there are compelling circumstances in your case, the USCIS may consider granting you a discretionary waiver. The USCIS may consider factors such as the length of time that has passed since the conviction, the serious nature of the offense, and any ties you may have in the United States. It is important to note that waivers are not guaranteed in any case.
Our Immigration Attorney in Florida Can Help You Overcome a Conviction
Being convicted of a crime does not automatically mean you are ineligible to sponsor a family member to enter the United States. At Florida Law Advisers, P.A., our Tampa immigration attorney can advise you of your legal options and help you overcome the obstacles a criminal conviction can present. To get the legal help you need, call us today at 1 (800) 990-7763 or fill out our online form to request a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
usa.gov/sponsor-family-member
