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How Does My Criminal History Affect My Immigration Application?

When you apply for immigration in the United States, you are filing the required paperwork with several different authorities like the USCIS (United States Citizenship and Immigration Services) and DOS (Department of State) to secure an immigrant visa, become a legal permanent resident, or become a naturalized citizen. The process of applying for an immigrant visa can be complex and many factors can influence whether or not your application is successful. One important aspect of your life that can affect your immigration application is your criminal history. When applying for residence in the U.S. it is crucial that you understand all of your legal rights and obligations. Read on and consult with an immigration attorney in NYC for more information and legal advice.

How Does My Criminal History Affect My Immigration Application?

Whether you are applying for an immigrant visa, green card, or citizenship, you will be required to disclose a substantial amount of personal information. In the United States, criminal history is one of the most important factors evaluated during the immigration process.

Regardless of whether you were convicted of a crime within the United States or somewhere abroad, having a criminal record could affect your immigration application and ability to secure residency in the U.S.

The USCIS conducts a thorough investigation of every applicant who files for immigration. For example, research for naturalization applicants can include collecting fingerprints, name checks through the FBI, and criminal background checks.

Immigration authorities generally evaluate applicants based on their criminal history to determine whether the individual poses a threat to the public’s safety or national security. If you have a criminal history in a foreign country, those records can also be considered. A criminal record can result in you being considered inadmissible and unable to secure a green card or citizenship.

What Crimes Can Negatively Affect My Application?

If you have a criminal record, it does not inherently mean that you will not be permitted to obtain a green card or citizenship. However, there are certain crimes that may make you inadmissible or could result in your deportation.

The following could be grounds for inadmissibility.

  • Crimes of moral turpitude (E.g. murder, rape, fraud, etc.)
  • Violations of laws related to controlled substances
  • Multiple criminal convictions
  • Prostitution
  • Human trafficking
  • Money laundering

In general, an aggravated felony, crime involving moral turpitude, crime involving illegal drugs, or any offense in a foreign country that is equivalent to one of these can result in your application being denied.

While these crimes could negatively impact an application, it is important to remember that the USCIS and DOS operate on a case by case basis, meaning that the final decision will be made depending on the details of your circumstances.

For more information and to obtain skilled legal representation, reach out to an experienced immigration attorney today.

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