Can I get a green card if I have a felony?
Asked by: Mrs. Mya Mosciski | Last update: May 3, 2025Score: 5/5 (30 votes)
Aggravated Felony You may be barred from applying for a green card if you've been convicted of a dangerous crime under United States federal law. Among the serious criminal convictions that are considered aggravated felonies are: Murder. Rape.
Can a convicted felon get a green card?
Under U.S. immigration law, being convicted of an “aggravated felony” will make you ineligible to receive a green card.
What disqualifies you from getting a green card?
A criminal record can be a significant hurdle in getting a green card. Certain crimes, classified as “inadmissible offenses,” can disqualify you. These include crimes of moral turpitude, such as theft or fraud, as well as drug-related crimes, prostitution, and violent crimes.
Does felony affect immigration status?
A conviction for an aggravated felony can lead to deportation without the possibility of multiple forms of relief, such as asylum or cancellation of removal. Controlled Substance Violations: Any conviction related to illegal drugs can have a direct impact on immigration status.
What crimes affect the green card?
Under the INA, an immigrant waiver is available for most crimes. However, no waiver is permitted for murder, criminal acts involving torture, or drug trafficking offenses. Individuals who are already in the U.S. and convicted of certain crimes are subject to deportation.
Can you get a green card if you are convicted of a crime?
Can I become a U.S. citizen if I have a felony?
Permanent Bars Based on Criminal Convictions
You will be permanently barred from obtaining U.S. citizenship if you have been convicted of murder or of an aggravated felony if the conviction was issued on or after November 29, 1990.
What stops someone from getting a green card?
Reasons for a Green Card Application Denial
USCIS can deny a green card application if they determine that the applicant is inadmissible to the U.S. Reasons for a denial range from errors and incomplete application to criminal history or even the lack of required vaccinations.
Can you lose your US citizenship if you commit a felony?
If they commit a felony will this revoke their citizenship? No, once someone has become a naturalized citizen, they have all the rights that other U.S. citizens have. This includes being a permanent citizen, and, according to the law, their citizenship cannot be taken away.
How far back does the USCIS background check go?
Usually this is the five years before you applied, or three years if you're applying for citizenship on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.
How do I renew my green card if I have a felony?
If you have been convicted of a crime and need to renew your green card or to travel outside the United States, be sure to hire an experienced immigration lawyer. The lawyer will most likely have you get your fingerprints done again, and then analyze the results in light of the criminal laws in your state.
Who is not eligible for a green card?
If you are currently in removal proceedings, you are ineligible to apply for a green card from within the United States. If you originally entered the United States on a K-1 fiancé(e) visa sponsored by a different partner, but did not marry that person, you generally won't be able to apply for a marriage green card.
Can an immigrant marry a felon?
Although there are no laws specifically forbidding such marriages, the criminal background could however affect the visa application process. If the sponsor is a police officer and the spouse is a criminal, the USCIS background check process could closely examine the application.
How can I increase my chances of getting a green card?
- having a spouse submit a separate registration, and.
- having your children submit separate registrations.
How does USCIS check criminal records?
USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).
Can a green card be revoked for a felony?
Committing an aggravated felony can not only lead to the revocation of a green card but also result in deportation without the possibility of reentry.
What is the status of a felony?
The status and designation as a "felon" is considered permanent and is not extinguished upon sentence completion even if parole, probation or early release was given. The status can be cleared only by a successful appeal or executive clemency.
Do background checks go back 20 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
What kind of background check is done for a green card?
A green card background check is a process where the FBI investigates an individual's past to determine whether they are eligible to receive lawful permanent resident status. This involves a thorough review of the applicant's criminal and immigration background, as well as any prior arrests.
How far back do immigration records go?
The National Archives has immigration records for arrivals to the United States from foreign ports between approximately 1820 and December 1982 (with gaps). The records are arranged by port or airport of arrival.
Can you become a U.S. citizen after a felony?
Permanent Bars to US Citizenship
While there are temporary bars to US citizenship, there are also permanent bars that would prevent you from gaining US citizenship entirely. For example, if you were convicted of murder or an aggravated felony on or after November 29, 1990, you are not eligible to become a US citizen.
Can a felon get a passport after 7 years?
For some crimes like drug trafficking, a 5-10 year waiting period may be required before getting a passport. This allows for a “cooling off” period to elapse. Other felony convictions don't have defined waiting periods. But typically, the longer it's been since finishing your sentence, the better chances of approval.
Can I leave the US with a felony?
According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
Who doesn't qualify for a green card?
For example, if you conceal something on your immigration application, have tuberculosis, refuse to receive all the required vaccinations (including for COVID-19), have overstayed a visa by six months or more, or you and your family sponsor can't show enough income and assets to cover your household expenses in the ...
Can my husband fix my papers if he has a felony?
Yes, as long as it wasn't a crime involving a minor, it should not be an issue. You should, however, speak with and retain an immigration attorney before moving forward.
How much does a green card cost?
Green Card Cost
Green card costs in 2025 can be substantial, typically ranging from $2,000 to $3,000 for family-based applications and $2,000 to $5,000 or more for employment-based applications, especially if premium processing is used.