A criminal record in the United States can create serious problems for anyone who is not a U.S. citizen. Whether you have a temporary visa, are a lawful permanent resident (green card holder), or are applying for a new immigration benefit, a run-in with the criminal justice system might lead to deportation or block you from getting the visa or green card you want. Even lesser charges can hurt your ability to stay in the country if they fall under certain categories in U.S. immigration law. Our crime victim immigration relief services help navigate complex legal processes and secure the support you need to move forward with your life.
Why Does a Criminal Record Matter for Immigration?
Under U.S. immigration laws, a criminal history can label someone as “deportable” or “inadmissible.” Essentially, the law examines your record to decide if you can remain in or enter the United States.
This might come into play when you:
- Apply for a visa or green card: U.S. Citizenship and Immigration Services (USCIS) reviews criminal backgrounds during applications.
- Undergo a green card renewal: If you are a lawful permanent resident with a new criminal conviction, it may affect renewal or future applications for citizenship.
- Are placed in removal proceedings: If Immigration and Customs Enforcement (ICE) learns of specific criminal charges, they can start deportation efforts.
- 1227. Deportable aliens outlines several offenses that make non-citizens deportable, including crimes involving moral turpitude and multiple criminal offenses. Also, “aggravated felonies” often trigger severe penalties in immigration law. Even if someone has lived in the U.S. for a long time, a conviction that is serious enough can lead to mandatory removal.
Which Crimes Can Affect Visa or Green Card Applications?
Not all criminal records will stop you from getting a visa or a green card. Some minor offenses might not cause major immigration problems. However, certain crimes are more serious under immigration law.
One key category is “crimes involving moral turpitude.” These are acts that society sees as morally wrong, such as fraud, theft, or violent crimes. Under § 1227, a single conviction of this type can make you deportable if it happens within five years of admission to the U.S. (or ten years if you are a lawful permanent resident), and the possible sentence is one year or more.
Multiple convictions for these crimes can also make you deportable if they do not stem from the same incident. Other examples include:
- Drug offenses
- Domestic violence
- Stalking
- Child abuse convictions
For those applying for a visa at a U.S. consulate abroad or adjusting their status to a green card within the United States, these crimes can lead to a denial of the application. Even if you have family ties or a job here, the government might reject your request if the offense meets specific criteria. Each situation can be different, so it is wise to discuss your record with an immigration lawyer to see how it impacts your case.
What Is an Aggravated Felony, and Why Is It So Serious?
In immigration law, “aggravated felony” is a special term for crimes with some of the harshest consequences. This does not always match the definition of a felony under state laws. For instance, a state might call an offense a misdemeanor, yet it can still be considered an aggravated felony in the immigration context. Examples include certain drug trafficking crimes or serious violent offenses.
According to United States v. Sheku Deen Yansane, 370 F. Supp. 3d 580, someone convicted of an aggravated felony is at risk of expedited removal and is blocked from many types of relief, like asylum or cancellation of removal. This label can also keep you from returning to the United States in the future. Because the stakes are so high, it is best to talk to an immigration lawyer if you have any felony record that might be labeled “aggravated” under immigration law.
Can a Vacated Conviction Still Count for Immigration Purposes?
At first glance, it might seem that if you get a conviction vacated (removed) by a court, it should disappear from your record entirely. However, immigration law sometimes treats vacated convictions as if they still exist.
In Ballinas-Lucero v. Garland, 44 F.4th 1169, the court explained that if a state court vacates a conviction for reasons unrelated to the original trial or fairness (such as purely to help you avoid deportation), immigration authorities can ignore that vacatur. This means USCIS or an immigration judge might continue to treat the offense as valid when deciding whether you can stay in the U.S.
You need an immigration lawyer to check if the vacated conviction was removed on legitimate legal grounds—like a constitutional flaw in the trial or a major procedural error. If it was vacated only to dodge immigration consequences, it can remain a basis for removal.
How Does a Criminal Record Affect Deportation or Removal Proceedings?
If you are already in the United States, certain criminal convictions can trigger removal (deportation) proceedings. Even if you have a green card, it does not mean you are safe from deportation if your crime falls under any category the law views as serious. If you commit an aggravated felony, you might not even get a chance to argue your case fully in front of an immigration judge, as some forms of relief become unavailable.
Sometimes, you might apply for relief, such as asylum, cancellation of removal, or other waivers. However, a serious record can block you from these options.
The Board of Immigration Appeals looks at how recent and severe your crimes are (Groza v. INS, 30 F.3d 814 and Henry v. INS, 8 F.3d 426). If there are multiple or severe offenses, you must show stronger evidence—like a longer history of good behavior or significant family ties in the U.S.—to outweigh the negative factors.
How Can Criminal Issues Impact Future Visa Applications?
Even if you are not in removal proceedings, a criminal record can affect future immigration benefits. For example, the government will review your past if you are switching from a work visa to a green card or trying to renew your status. They might deny your application if they see charges suggesting you pose a risk or cannot meet the “good moral character” standard. The same is true if you apply for U.S. citizenship one day—serious offenses can hurt your chances of naturalizing.
Why Hire an Immigration Lawyer?
When criminal history intersects with immigration law, you do not want to handle these issues alone. An immigration lawyer understands the legal details and how to help you.
An immigration attorney can:
- Analyze Your Record: Determine if your charges or convictions trigger inadmissibility or deportability.
- Advise on Waivers or Relief: Let you know about any special programs or waivers that might apply.
- Represent You in Court: Speak on your behalf in immigration court or before USCIS.
Without professional help, you risk losing your chance to remain in the U.S. or secure vital benefits like a green card. Mistakes in immigration proceedings can cost you your future here.
Contact an Immigration Attorney Today to Secure Your Future
A criminal record does not automatically mean deportation, nor does it always prevent you from obtaining a visa or green card. However, it certainly raises the stakes. Even if you also face workplace accidents, unfair labor practices, or other legal troubles, the results of those situations can still affect your immigration standing.
Do not wait until it is too late. Contact an immigration lawyer today to ensure you understand your rights and options. By taking action, knowing the laws, and presenting the strongest possible case, you can protect your ability to live and work in the United States.
Your family, job, and future are on the line. Let an experienced immigration attorney stand by your side and help you confidently move forward.