Family reunification is at the heart of the U.S. immigration system. But if you’re a U.S. citizen or lawful permanent resident hoping to sponsor a family member with a criminal record, you may be wondering: Can I still help my loved one immigrate to the United States?
The answer is: it depends. The type of offense, how long ago it occurred, and whether it resulted in a conviction all play a role in how immigration authorities will view your petition.
At U.S. Immigration Consultants, we’ve worked with hundreds of clients in complex situations and helped them find the right legal strategy. Here’s everything you need to know.
Who Can Sponsor a Family Member?
U.S. immigration law allows the following individuals to sponsor family members:
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U.S. citizens can sponsor:
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Spouses
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Children (minor and adult, married or unmarried)
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Parents
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Siblings
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Green card holders (lawful permanent residents) can sponsor:
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Spouses
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Unmarried children
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To do this, you must file Form I-130 (Petition for Alien Relative) and often Form I-864 (Affidavit of Support) to show financial capability.
Can Someone with a Criminal Record Sponsor a Relative?
Yes—in many cases, you can still sponsor a relative even if you have a criminal record. However, certain types of convictions may trigger additional scrutiny or bar you from sponsoring, depending on the details.
🔍 USCIS Will Consider:
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Type of crime (misdemeanor vs. felony)
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Whether it involved violence, sex offenses, or child abuse
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How long ago it occurred
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If it was a single offense or part of a pattern
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Whether the offense was expunged, sealed, or pardoned
🚨 Offenses That May Affect Sponsorship
❌ Crimes Involving Moral Turpitude (CIMTs)
These include fraud, theft, or intentional harm. While not an automatic disqualification, they may raise red flags.
❌ Drug Offenses
If your record includes drug-related crimes—especially distribution or trafficking—USCIS may consider you a threat to public safety.
❌ Sexual Offenses or Crimes Against Children
The most serious restriction applies here. Under the Adam Walsh Act, U.S. citizens and green card holders who have been convicted of certain sex crimes—especially those involving minors—cannot sponsor any family member unless they can prove they are not a risk to the beneficiary.
What Is the Adam Walsh Act?
The Adam Walsh Child Protection and Safety Act prohibits individuals convicted of certain sex offenses involving minors from sponsoring relatives through Form I-130. This law was created to prevent potential abusers from bringing vulnerable individuals to the U.S.
If you fall under this category, your petition will be automatically flagged, and you will be required to submit extra evidence to prove you pose no risk to the person you’re sponsoring.
This is one of the toughest legal challenges in family-based immigration, and most applicants need legal and expert support to build a strong waiver case.
Important Distinctions: Arrest vs. Conviction
It’s also critical to understand the difference between an arrest and a conviction:
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An arrest without conviction typically will not disqualify you from sponsoring a relative.
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A conviction, especially for serious crimes, may complicate your petition.
However, even if you weren’t convicted, USCIS may still evaluate your background if the case involved serious charges.
What Can You Do If You Have a Criminal Record?
Don’t assume you’re ineligible. Here are the key steps you should take:
1. Get a Certified Copy of Your Criminal Record
You’ll need this for any immigration filings. Make sure it includes court dispositions and outcomes.
2. Consult an Immigration Professional
Every case is different. An experienced immigration consultant or attorney can help evaluate:
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Whether your conviction affects sponsorship
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If you qualify for exceptions or waivers
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How to present your case in the best light
3. Provide Character Evidence
In some cases, especially under the Adam Walsh Act, you may need to submit:
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Letters of recommendation
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Psychological evaluations
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Proof of rehabilitation (counseling, community service, etc.)
Real-Life Example: Helping a Father Sponsor His Children
One of our clients—a lawful permanent resident—was convicted of a misdemeanor DUI 15 years ago. He came to us worried that his record would prevent him from sponsoring his minor children.
After reviewing his court documents, we confirmed that:
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The offense was not classified as a crime involving moral turpitude
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He had no additional arrests or convictions
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He had completed all court-ordered requirements
We successfully filed his I-130 petitions and they were approved without issue.
Every case is unique, and we’re here to help you figure out your options.
Financial Sponsorship: Will Your Record Affect the Affidavit of Support?
If you’re also the financial sponsor, USCIS wants to ensure you can support your relative without them becoming a public charge.
Even if you have a criminal record, you can still file Form I-864 (Affidavit of Support) as long as you:
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Meet the income requirements
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Have a stable job or assets
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Are not currently incarcerated or involved in criminal activity
If you’re unsure about your ability to financially sponsor, a joint sponsor (usually a friend or family member) may be able to help.
Frequently Asked Questions
Can I sponsor my spouse if I had a criminal record for assault?
Possibly, depending on the nature of the assault, whether it involved domestic violence, and whether rehabilitation is evident.
Can someone who committed a crime as a juvenile still sponsor a family member?
Yes, juvenile offenses are often treated differently, especially if they were sealed or expunged.
Will USCIS automatically deny my petition because of a past conviction?
No, not automatically. But they will review your record closely, especially if it involves serious crimes or sex offenses.
Why Choose U.S. Immigration Consultants?
We specialize in complex immigration cases. If you have a criminal record and want to sponsor a loved one, our experienced team can help by:
✅ Reviewing your criminal history
✅ Determining eligibility to sponsor
✅ Preparing a strong, well-documented case
✅ Helping with affidavits, waivers, and supporting documents
✅ Guiding you step-by-step in Spanish or English
Let’s Talk About Your Case
Your past doesn’t have to define your future. Many people with criminal records have successfully helped their families immigrate to the United States—and we can help you do the same.
Contact U.S. Immigration Consultants today for a confidential consultation.
