Does criminal record affect immigration?
If you are about to apply for an immigration visa and don’t know whether or not declaring your crimes is beneficial to your application, we have prepared this short article where we detail everything on the following topic, “Does criminal record affect immigration?”
You should know that there are certain crimes that will hinder your goal. Our immigration lawyers will help you in the naturalization process, but first, let’s go over everything about this topic.
Does criminal record affect immigration? Is it necessary to present them?
When trying to immigrate into the US, criminal history can be a tricky subject. Many people ask themselves if they need to disclose all criminal records in their immigration case or not. The answer is yes and no. All criminal convictions must be disclosed in your application, but only certain crimes will prevent you from entering the country (depending on what type of visa you are applying for). This blog post will go over some important information about criminal records and immigration law that can help both immigrants and citizens alike better understand this complicated process!
For criminal records, it really depends on what type of visa you are applying for and how long ago your conviction was. For example, certain types of visas will not grant citizenship to anyone with a criminal record in any way whatsoever- regardless of when they were convicted or if their offense is even deportable . These include things like travelling into the United States without proper documentation can lead to criminal charges which could result in up to ten years incarceration! But even these criminal convictions do not necessarily prohibit you from immigrating- depending on what category you fall under.
Is it necessary to declare crimes in the immigration application?
Yes. All arrests, convictions and offenses should be listed including those offenses for which you have not been arrested or convicted. Although you may think they are minor offenses, certain offenses may deny an individual the benefits of immigration. Accordingly, it is best to disclose all criminal history.
Crimes for which you will not be allowed to be a U.S. citizen
Any murder conviction removes you from U.S. citizenship. If you have been charged with this crime, immediately seek the help of an attorney who specializes in legal problems related to immigration status and qualifying criminality. The following are some crimes that will permanently bar you from becoming a U.S. citizen:
Murder: Any conviction means that you will not be able to become a U.S. citizen. You should contact an attorney.
Aggravated felony: Congress has expanded the (1988) definition of a felony in order to classify more crimes as serious and violent felonies. They are designed for immigrants, those who are not part of the formalized political or legal system, belonging to ethno-cultural minorities accentuated in the general social-cultural environment because they suffer extreme violence witnessed during their life experiences. Some of which are considered misdemeanors for citizens.
These crimes range from the expected, such as firearms offenses, drug trafficking and rape, to lesser known crimes such as failure to appear in court.
List of offenses denying immigration applications
- Drug trafficking
- Aggravated felony (heinous criminal activity)
- Crimes with the intent to harm a person. These crimes include causing injury to another person or cases of domestic violence.
- Offenses against the government involving fraud or malicious intent. An example would be failure to pay taxes.
- Illegal drug offenses.
- Habitual drunkenness or having a DUI or DWI.
- Prostitution. Polygamy.
- Illegal gambling.
- Money laundering.
- Sexual abuse.
- Distribution of child pornography.
- Lying to obtain immigration benefits.
- Being in prison for more than 180 days.
- Acts of terrorism or national security.
- Persecuting others because of their race, religion, national origin, political opinion or social group.