Waiver of criminal history in the immigration process

Waiver of criminal history in the immigration process

| Jun 10, 2021 | Immigration |

If you have a criminal history, then you might be worried about whether you’ll be able to obtain a green card. The truth of the matter is that there are certain crimes that will disallow you from claiming immigrant status in the U.S. However, American law allows you to seek a waiver of many of those criminal offenses. If you’re successful in obtaining a waiver, then you still have a chance of obtaining a green card.

Which crimes qualify for a waiver?

There are a number of criminal offenses that might qualify for a waiver. Amongst them are marijuana possession, prostitution, and crimes of moral turpitude. Even certain criminal convictions that in the congregate resulted in imprisonment for at least five years may qualify for a waiver. In other words, a lot of crimes are included under the waiver section of the U.S.’s immigration law.

When can you qualify for a waiver?

In order to successfully obtain a waiver, you have to show that certain characteristics have been met. For example, one option is to show that the crime was committed 15 years ago or more. If you pursue that route then you’ll still have to demonstrate that America’s granting of a green card won’t go against the nations safety and welfare. You must also show that you’ve been rehabilitated.

If you have a close relative who is a U.S. citizen or green card holder, then you might be granted a waiver if you can show that denying your green card would create an undue hardship on your relative. VAWA petitioners can also have certain criminal histories waived.

Know how to navigate complex immigration laws

America’s immigration laws are complex and ever changing. That’s why it might be wise for you to work closely with an attorney who can help you navigate this challenging process. After all, that might be the best way to ensure that you’re doing everything that you can to protect your interests and obtain the immigration status that you desire.