When applying for a green card, your background matters just as much as your paperwork. U.S. Citizenship and Immigration Services (USCIS) carefully reviews every applicant’s criminal record to determine if they are eligible for permanent residency.
Certain crimes make a beneficiary “inadmissible”—meaning they cannot legally receive a green card or visa. Others may allow for a waiver, depending on the circumstances. Knowing the difference can save you time, money, and heartache in your immigration journey.
In this blog, we’ll cover:
- Crimes that generally bar someone from a green card
- Offenses that may be forgiven with a waiver
- Minor violations that usually don’t impact your case
- Why honesty and proper documentation are critical
Aggravated Felonies
In immigration law, “aggravated felony” is a special category that carries the harshest consequences. It doesn’t always match what state law considers a felony.
Examples include:
- Murder
- Rape or sexual abuse of a minor
- Drug trafficking
- Firearms trafficking
- Fraud or theft with a sentence of at least one year
- Violent crimes with a sentence of at least one year
👉 A conviction for an aggravated felony almost always means a permanent bar to immigration benefits.
Crimes Involving Moral Turpitude (CIMTs)
Another major category USCIS looks at is crimes involving moral turpitude (CIMTs). These are offenses that involve dishonesty, fraud, or intent to cause serious harm.
Examples include:
- Theft, burglary, robbery
- Fraud (check fraud, credit card fraud, welfare fraud)
- Assault with intent to cause injury
- Certain domestic violence convictions
Exceptions:
- One CIMT under 18: If it happened when you were a minor and more than five years have passed.
- Petty offense rule: If the maximum penalty was one year or less, and you were sentenced to six months or less.
Drug-Related Offenses
USCIS takes drug convictions very seriously.
Inadmissible crimes include:
- Possession or use of controlled substances
- Distribution, manufacturing, or trafficking drugs
Limited exception:
- One conviction for simple possession of 30 grams or less of marijuana. This may be forgiven with a waiver.
Prostitution and Commercialized Vice
Beneficiaries who have engaged in or profited from prostitution may face inadmissibility. Even solicitation can trigger problems with USCIS.
Human Trafficking and Smuggling
Any involvement in trafficking people or helping others enter the U.S. illegally can bar a green card. This includes both formal charges and credible evidence of involvement.
Money Laundering
Convictions or even suspicions of money laundering are treated as grounds of inadmissibility. USCIS views these as serious financial crimes.
Multiple Criminal Convictions
Even if your charges are not aggravated felonies or CIMTs, two or more convictions can still block your application if the total prison sentence was five years or more.
Crimes That May Qualify for a Waiver
Not every criminal history means the end of your green card hopes. Some offenses may be forgiven with a waiver of inadmissibility (Form I-601).
Possible waiver situations:
- Certain CIMTs (depending on circumstances)
- A single incident of marijuana possession (≤30 grams)
- Prostitution-related offenses
Requirements for a waiver:
- Prove extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent.
- In some cases, protection under VAWA (for victims of domestic violence).
- Strong evidence of rehabilitation and good moral character.
Crimes That Usually Don’t Bar a Green Card
Not every run-in with the law disqualifies you. Some issues USCIS typically overlooks include:
- Traffic infractions like speeding tickets
- Minor misdemeanors without fraud or intent to harm
- Arrests that never led to a conviction
The Importance of Honesty
One of the worst mistakes applicants make is trying to hide arrests or convictions. USCIS conducts detailed background checks, including FBI fingerprints, and almost always uncovers past records.
Failing to disclose past issues can lead to denial and accusations of misrepresentation, which carry their own bars to immigration benefits.
👉 Always provide certified court dispositions for every arrest, charge, or conviction—even if it was dismissed.
Final Thoughts
Your criminal history can have a major impact on your green card application. While aggravated felonies, drug trafficking, and CIMTs often create permanent bars, some offenses may qualify for waivers, especially when family hardship is involved.
The key is to know which category your case falls into, prepare the right documentation, and never try to hide anything from USCIS.
At US Immigration Consultants, we help clients navigate complex cases, including those with past criminal records. Whether you’re seeking a waiver, filing a family petition, or need guidance on admissibility, our team can help you build the strongest possible case.
Don’t let a past mistake ruin your future. Contact us today to explore all of our immigration services and get expert advice tailored to your situation.
