How does a felony affect immigration status?

Asked by: Adell Lemke  |  Last update: December 6, 2025
Score: 4.5/5 (11 votes)

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 immigration status?

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 still get your citizenship if you have 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 you immigrate if you're a felon?

Under U.S. immigration law, being convicted of an “aggravated felony” will make you ineligible to receive a green card.

Can you immigrate to the USA if you have a criminal record?

In most cases, individuals with a criminal record will not be eligible to enter the USA unless they have secured a criminal waiver of inadmissibility along with a relevant US visa. Minor offenses may not pose a problem, but serious crimes like drug trafficking or terrorism can lead to inadmissibility.

How will a criminal charge affect my immigration status?

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Can immigration see your criminal record?

Your application, especially if you're applying for citizenship, will require you to write down any arrests, convictions, and charges in your past, even from another country – and even if they've been expunged. It's always best to be honest, because they will look at your record during the process.

What crimes disqualify you from global entry?

Here are some key examples of disqualifying criminal convictions:
  • Felony Convictions. ...
  • Drug-Related Offenses. ...
  • Crimes Involving Fraud or Deception. ...
  • Theft and Property Crimes. ...
  • Domestic Violence and Assault. ...
  • DUI and DWI Convictions. ...
  • Sex Offenses. ...
  • Immigration Violations.

What is a disqualifying criminal history for immigration?

USCIS's definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more.

Does a passport show a criminal record?

Passports do not list information about a person's criminal record, including charges for driving under the influence (DUI). They typically only display personal information such as a person's name, date of birth, photograph, and passport number.

Is being a felon permanent?

In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.

What can disqualify you from immigration?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

Can you go out of country with a felony?

Most convicted felons can easily get a passport without any issues, but visiting some countries may not be as simple due to restrictions and limitations set by those countries' governments.

What is the 4 year 1 day rule?

You must spend at least four years and one day physically present in the United States before reapplying for naturalization.

What are 3 negative effects of immigration?

Immigration causes overpopulation. Immigration creates a huge gap between the rich and poor. Immigrants bring in diseases. Immigration is expensive.

How does immigration investigate?

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).

What counts as a conviction for immigration purposes?

Statutory Definition of Conviction for Immigration Purposes. Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court.

What felonies stop you from getting a passport?

Disqualifying Previous Convictions

Federal law (22 U.S. Code § 2714) prohibits issuing a passport to anyone convicted of international drug trafficking. This applies if the offense involved using a passport or crossing international borders while committing federal or other felony drug offenses.

How do customs know if you have a criminal record?

Often, border control will access the National Crime Information Center, a database the FBI uses. It contains criminal justice information. Border control may also look at: The Interagency Border Inspection System.

How far back does an immigration background check go?

Results are typically available within 24-48 hours. How far back does an FBI background check go? An FBI background check goes back for the entire applicants lifetime.

What is the 7 year rule for immigration?

During the seven-year period of potential eligibility, non-citizens are expected to work toward becoming U.S. citizens. If they do not, eligibility will stop after seven years.

Can I get a visa with a criminal record in South Africa?

According to Section 29 (1)(b) of the South African Immigration Act, having previous criminal convictions or an outstanding warrant can result in an applicant being declared a prohibited person. An exception are those cleared by the Director-General for “good cause”.

What is a disqualifying felony?

"Disqualifying offense" means a conviction for: Any offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW 43.43.

Can you leave the country if you're a felon?

Can I travel abroad with a criminal conviction? Yes, you may leave the United States if you are not currently under supervision. However, you must check with the Country in which you want to travel to. That County's Customs and Immigration Laws will determine if you are able to safely enter.

Does immigration check criminal record?

An important part of the green card application is the criminal background check that the U.S. Citizenship and Immigration Services (USCIS) runs on every applicant. The U.S. Congress has compiled a list of crimes that can make an immigrant “inadmissible” to the United States under U.S. immigration law.