Can a Misdemeanor Hinder My Green Card Application?

The United States Citizenship and Immigration Services (USCIS) holds strict guidelines for who is and is not allowed to receive lawful permanent resident status in the country. What’s more, with the large influx of applications, approximately only three out of every 100 applicants are expected to be approved for a green card each year. This is to say that you do not want to do anything that may hurt your already slim chances, including committing a misdemeanor offense. So, without further ado, follow along to find out whether a misdemeanor conviction can hinder your green card application and how a proficient Lyndhurst green card immigration lawyer at the Law Offices of Salvatore A. Falletta can help prevent this from happening.

Can a misdemeanor conviction hinder my green card application?

While a misdemeanor conviction may hurt your green card application, it may not necessarily make you inadmissible from the United States. However, this is unless your misdemeanor offense is considered a crime of moral turpitude. That is, a crime of moral turpitude may be committed with evil intent and depravity, which may be so unethical that it shocks or contradicts the rules of polite society. More specific examples of such a crime read as follows:

• A shoplifting offense (i.e., intentionally taking possession of items from their owner or under-ringing items from the merchant).
• A petty theft offense (i.e., illegally taking someone else’s property while legally on their premises).
• A misdemeanor burglary offense (i.e., illegally entering a premises with the intent to commit a crime).
• A misdemeanor domestic violence offense (i.e., using or attempting to use physical force or threatening to use a deadly weapon).
• A misdemeanor assault or battery offense (i.e., intentionally causing fear of immediate violence or the unlawful use of force).

Aside from crimes of moral turpitude, it is also worth mentioning that certain misdemeanor drug crimes may be grounds for inadmissibility (i.e., drug possession, solicitation, sale, etc).

What should I know about the criminal history section of my green card application?

Your green card application may ask approximately 20 questions regarding your criminal history. You must read these questions carefully if you have a misdemeanor in your past. You must also answer these questions accurately and provide the official documentation necessary to back it up.

Importantly, you must disclose the misdemeanor in your past regardless of whether your charges were eventually dismissed, expunged from your criminal record, or are still pending. Also as an important reminder, this must include any misdemeanor having taken place either in the United States or your home country. You may find yourself in deep trouble if the USCIS unearths this information in your background check and it does not match what was provided in your application.

Please do not wait for another second. Retain the services of a talented lawyer from our Lyndhurst family & individual immigration law firm today. We look forward to working with you and taking on your case.