Family reunification is one of the most common reasons for immigration to the United States. However, a criminal conviction can make this process challenging. It is important to understand how a criminal record could impact efforts to bring a loved one into the country.
Criminal convictions that could affect petitions
Certain criminal convictions can prevent a person from successfully petitioning for a family member. Crimes involving moral turpitude, drug offenses, violent crimes, and offenses involving child abuse can have a significant impact. United States Citizenship and Immigration Services (USCIS) reviews an applicant’s criminal history to determine eligibility. If the conviction falls under the category of serious crimes, the petition may face denial.
The impact of aggravated felonies
Aggravated felonies can have a major effect on family petitions. These crimes are considered severe under immigration law and include offenses like fraud, drug trafficking, or sexual abuse of a minor. Those with aggravated felony convictions may face automatic disqualification from sponsoring family members. Even if the crime happened years ago, it can still have a lasting effect on eligibility.
Discretionary waivers may be available
In some cases, it may be possible to apply for a waiver to overcome the issues created by a criminal record. USCIS may consider granting a discretionary waiver if there are compelling circumstances. Factors like the seriousness of the offense, time since the conviction, and ties to the United States play a role in determining waiver eligibility. However, waivers are not guaranteed, and approval depends on the specific situation.
While a criminal conviction can complicate the process of bringing a family member to the United States, understanding the options available and seeking professional guidance can make a difference. It is important to approach the situation with knowledge and persistence to navigate the complex immigration system effectively.