The Effects of Criminal Records on Family Immigration Applications: What You Need to Know
A criminal record—whether it belongs to the petitioner or the beneficiary—can significantly complicate a family-based immigration case. But in many situations, it does not automatically mean denial. Understanding how criminal history may affect your application is essential to protecting your immigration goals and taking the right legal steps early in the process.
At Sharma Law Associates, LLC, our New York immigration attorney works closely with families to evaluate how criminal records may impact their case and develop personalized strategies to move forward.
Can a Petitioner’s Criminal Record Affect a Family-Based Immigration Petition?
In most cases, a U.S. citizen or lawful permanent resident with a criminal record can still petition for a family member. However, there are exceptions, especially for crimes involving children or violent offenses.
For example:
· Adam Walsh Act restrictions prevent U.S. citizens and permanent residents with certain criminal convictions involving minors from filing a family-based petition unless they can demonstrate they pose no risk to the beneficiary.
· Some past criminal offenses may trigger additional scrutiny from U.S. Citizenship and Immigration Services (USCIS) or delay the case while background checks are conducted.
It’s important to speak with our experienced immigration attorney who can evaluate your record and determine whether any waivers or explanations are needed as part of the petition.
What Happens if the Beneficiary Has a Criminal Record?
If the immigrant family member applying for a green card or visa has a criminal history, the consequences may be more serious.
Certain offenses can lead to:
· Inadmissibility to the United States.
· Delays in visa processing.
· Denial of adjustment of status or entry.
· Deportation/removal proceedings, in some cases.
Crimes that commonly impact admissibility include:
· Drug offenses.
· Crimes involving moral turpitude (such as fraud or theft).
· Prostitution-related offenses.
· Multiple criminal convictions, even for lesser offenses.
· Serious violent crimes.
Are There Waivers for Criminal Inadmissibility?
In many cases, individuals who are deemed inadmissible due to a past conviction may be eligible for a waiver of inadmissibility, but this depends on the nature of the offense and the relationship to the petitioner.
For family-based immigration, waivers are often available if:
· The petitioner is a U.S. citizen or a lawful permanent resident spouse, parent, or child, and
· The applicant can show that denying the visa would cause extreme hardship to their qualifying relative.
Each waiver application must be supported by strong evidence, and legal representation is essential to present the most compelling case possible.
How Sharma Law Associates, LLC Can Help
Immigration cases involving criminal records require precise legal strategy and careful documentation. At Sharma Law Associates, we provide honest, individualized assessments of your case and work to find legal solutions that protect your future.
Our skilled New York immigration attorneys:
· Review and evaluate all relevant criminal and immigration records.
· Identify whether a waiver is available or necessary.
· Prepare detailed waiver applications, including hardship evidence and legal arguments.
· Advocate for clients at USCIS interviews or consular appointments.
We understand how deeply family immigration matters impact your life, and we are committed to providing clear, effective legal guidance every step of the way.
If you or a family member has a criminal record and are concerned about how it may affect a visa or green card application, don’t navigate it alone. Contact Sharma Law Associates, LLC at 646-760-6339, online, or schedule an appointment on our calendar for a personalized consultation. We are here to help you understand your options and move forward with clarity and confidence.
