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Helping You Make Your American Dream Come True

Helping You Make Your American Dream Come True

Can a criminal record cause immigration issues?

On Behalf of | Dec 20, 2024

Even if it seemed like a minor thing at the time, if an immigrant has certain criminal convictions in their past or gets convicted while in the United States, they could have a difficult time getting permanent residency or even avoiding deportation.

There are several offenses that make a person ineligible to stay in the United States.

While some of the crimes on this list might seem obvious, other offenses are relatively common.  In short, anyone can find themselves facing a criminal conviction that could cause them immigration difficulties.

For example, most drug offenses and most offenses related to domestic violence can lead to ineligibility. Many people in New Jersey get accused of these offenses every year.

Fortunately, depending on the offense, a person fighting to get or keep their permanent residency may be able to ask an immigration judge to waive the fact that a person has a criminal conviction and allow them to remain the United States despite their prior record.

Getting a waiver is not automatic. There are some convictions that are more difficult to get waived. In any event, even if a person qualifies with their conviction, they still must apply for the waiver. They must demonstrate in their application how they qualify for the waiver. Once they do, an immigration official still must decide whether to grant the request.

A person wanting permanent residency should make sure they know their options

The process for getting a conviction excused is complex, and the consequences of not following the process correctly can mean ineligibility.

A person who has a criminal record and wants to seek, or protect, their immigration status in the United States should make sure that they understand all their legal options.