The Impact of a Criminal Record on Your Immigration Case

For many immigrants, coming to the United States represents a chance for safety, stability, and new beginnings. However, when criminal charges or convictions arise, they can create serious complications for immigration status. What many people don’t realize is that criminal law and immigration law are deeply connected; even a seemingly minor offence can have lasting immigration consequences.

Whether you are applying for a green card, seeking U.S. citizenship, renewing a visa, or facing deportation, a criminal record can affect your case in unexpected ways. At Mokolo Law Firm, we help clients understand these risks and protect their rights through every step of the legal process.

Below, we break down exactly how criminal history impacts immigration and what you can do if you are facing this challenge.

1. How a Criminal Record Can Affect Immigration Status

A criminal record can influence nearly every part of an immigration case, including:

a. Visa Applications

When applying for a visa, applicants are required to disclose any criminal arrests or convictions. Depending on the nature of the offence, the U.S. government may deny the visa on grounds of inadmissibility, meaning the applicant is legally barred from entering the country. Crimes involving moral turpitude, drug offences, or fraud are common grounds for visa denial.

b. Green Card (Permanent Residency)

Applicants for permanent residency must also pass background and moral character checks. Certain crimes can make a person ineligible for adjustment of status or subject to deportation if already in the U.S. Even offences that occurred many years ago can be reviewed during the process.

c. Naturalization (Citizenship)

To become a U.S. citizen, one must show “good moral character” during the statutory period (usually five years before the application). Convictions such as domestic violence, aggravated assault, theft, or drug-related crimes can result in denial of citizenship — and in some cases, revocation of permanent residence.

d. Deportation or Removal Proceedings

Some convictions can trigger removal proceedings, even if the individual has been living in the U.S. for years or holds a green card. Crimes categorized as aggravated felonies or crimes involving moral turpitude can lead to mandatory deportation with limited chances of relief.

2. Types of Crimes That Affect Immigration Cases

Not every criminal offense leads to deportation or denial of immigration benefits. However, the Immigration and Nationality Act (INA) identifies specific categories of crimes that carry severe immigration consequences.

a. Crimes Involving Moral Turpitude (CIMTs)

These are offences that reflect dishonesty or bad moral character, such as fraud, theft, or assault with intent to harm. Even one conviction for a CIMT can cause inadmissibility or deportability, depending on the circumstances.

b. Drug-Related Offenses

Any controlled substance violation (other than a single minor possession of marijuana) can make a person inadmissible or deportable. Drug trafficking, manufacturing, or intent to distribute are particularly serious.

c. Aggravated Felonies

These are not always “aggravated” in the everyday sense. Under immigration law, aggravated felonies include crimes like burglary, certain theft offences, tax evasion, or even some misdemeanours if the sentence exceeds one year. A conviction in this category can result in permanent removal and a lifetime ban on reentry.

d. Domestic Violence and Protective Order Violations

Convictions for domestic abuse, child neglect, or violating protective orders can result in deportation and denial of future immigration benefits.

e. Multiple Criminal Convictions

Even if individual offenses are minor, multiple convictions can collectively make an immigrant inadmissible or deportable under federal immigration law.

3. How a Criminal Record Can Affect Different Immigration Benefits

Work Visas

Applicants for employment-based visas (such as H-1B or L-1) must prove they are admissible to the U.S. A prior conviction can lead to denial, especially if it involves fraud or moral turpitude.

Asylum Applications

Applicants seeking asylum must show they have not committed a “serious crime.” A conviction can make someone ineligible for asylum or refugee status, even if they face persecution in their home country.

Family-Based Petitions

If a U.S. citizen or permanent resident petitions for a family member, the beneficiary’s criminal record can delay or block approval. In some cases, the U.S. petitioner’s record may also affect the application if it involves certain offenses, such as crimes against minors.

4. Possible Legal Remedies and Waivers

The good news is that not all hope is lost if you have a criminal record. Immigration law provides certain waivers and legal defences that may allow you to remain in or re-enter the United States.

• Waiver of Inadmissibility: Some immigrants may apply for a waiver that forgives specific offenses, allowing them to continue with their immigration process.
• Post-Conviction Relief: In some cases, your attorney may be able to reopen or vacate a criminal conviction that is causing immigration issues.
• Cancellation of Removal: Immigrants in removal proceedings may qualify for cancellation of removal if they meet certain residency and character requirements.
• Deferred Action or Prosecutorial Discretion: In limited cases, immigration authorities may choose not to pursue deportation based on humanitarian factors or family hardship.

5. Why You Should Work with an Immigration Attorney

Because criminal and immigration law intersect in complex ways, even a small mistake can have serious, irreversible consequences. It’s critical to have an attorney who understands both criminal defence and immigration law.

A qualified immigration lawyer can:

• Review your criminal record and identify which convictions may pose risks.
• Communicate with both immigration and criminal courts to ensure consistent legal strategies.
• Help you apply for waivers, appeals, or post-conviction relief when available.
• Represent you in deportation or removal proceedings and protect your rights.

Final Thoughts: Protect Your Future with Mokolo Law Firm

A criminal record does not always mean the end of your immigration journey, but it does make the path more challenging. The key is to act early, seek legal advice, and understand your rights under both immigration and criminal law. We analyze each case carefully to determine which legal strategy gives you the best chance to protect your status and your future.

At Mokolo Law Firm, we are committed to guiding immigrants through even the most difficult legal situations. Our experienced attorneys provide compassionate representation and practical solutions to help you stay on the right side of the law and keep your American dream alive.

Contact us today for a confidential consultation. Let us help you protect your immigration status, your family, and your future.