Criminal Records and Adjustment of Status: What Offenses Can Derail Your Applications?
Applying for a green card while in the United States can seem simple if you meet the basic requirements. However, the stakes can get higher if you have a criminal record. Even minor charges can raise red flags during review by U.S Citizenship and Immigration Services. Some may cause automatic denial, while others will require careful legal analysis. Here are the top four offenses that can limit your application for adjustment of status.
1. Crimes Involving Moral Turpitude
The Immigration and Nationality Act states that a general category of crimes may make an alien ineligible for certain benefits and privileges under immigration law. These include crimes involving moral turpitude (CIMTs).
There is no single and fixed definition of moral turpitude. Courts generally consider it to mean conduct that is inherently base, vile, or depraved. A CIMT is almost always a specific intent crime, meaning the elements must include some form of criminal intent, like wilfulness or the intent to defraud.
Common examples include fraud, theft, assault with intent to harm, and welfare fraud. One conviction can trigger inadmissibility, though limited exceptions exist. The “petty offense” exception may apply if the sentence imposed was six months or less and the maximum possible sentence did not exceed one year, but this exception has strict boundaries. Anyone with a CIMT on their record should get a full legal review before filing Form I-485.
2. Offenses Related to Drugs
Drug offenses are among the most difficult criminal bars to overcome in immigration law. You cannot apply to adjust your status or be pardoned if you have committed drug crimes. That is true except for simple possession of 30 grams or less of marijuana or marijuana paraphernalia. Most drug convictions make a person permanently inadmissible without a waiver. These include possession with intent to distribute, drug trafficking, and many state-level felony charges.
This reality matters especially for people pursuing adjustment of status through family. A drug conviction can still block the path to a green card entirely, even if a qualifying citizen or permanent resident relative has filed a petition on your behalf. However, you can consult an immigration lawyer, who can help you obtain a waiver if your conviction is more than 15 years old and you have been rehabilitated. Proving that your family may face difficulties can also stop your deportation.
3. Aggravated Felonies
The term aggravated felony in immigration law is not limited only to violent crimes. Certain convictions can have serious immigration consequences for noncitizens, such as deportation and jail terms. The extensive list includes those defined in the U.S Citizenship and Immigration Services. They range from sexual abuse to money laundering and firearm trafficking.
What makes this category particularly harsh is the near-total lack of relief. A person found guilty of an aggravated felony is generally denied most forms of immigration relief. These include adjustment of status, cancellation of removal, and voluntary departure. There is no waiver available in most cases. This makes legal counsel important if this applies to you. An experienced attorney will explain what constitutes an aggravated offense and guide you on how to defend against one.
4. Domestic Violence and Related Offenses
Domestic violence convictions carry a separate deportation ground under INA Section 237. However, the immigration consequences go further than that. Many domestic violence statutes meet the CIMT definition. This exposes individuals to deportation and long-term re-entry bars, even for a first-time misdemeanor. Offenses such as corporal injury that causes great bodily harm or recurring breaches of a protective order carry almost no immigration relief.
Child abuse and stalking fall under this category. Even a misdemeanor conviction in this area can disqualify you from adjustment of status. Coming within the domestic violence or other crime-based deportation grounds can make a noncitizen ineligible to apply for some form of cancellation of removal. This intersection of domestic violence charges and immigration status is especially dangerous. That is because even pending charges can trigger scrutiny during background checks and interviews.
Endnote
A criminal record does not automatically end your green card case, but the type of offense, when it occurred, and how it was resolved can have a great impact on your application. The best move is to be honest in the application and have legal counsel review the entire process. Remember, USCIS background checks generally run from a person’s date of birth to the present, including database checks for criminal charges, arrests, or immigration violations. This leaves nothing hidden.
