The adjustment of status process allows immigrants already residing within the United States to apply for lawful permanent residency without having to leave the country. Yet, the adjustment of status application can be highly complicated for applicants with a criminal record. Being aware of how criminal convictions may impact eligibility is important.
Criminal Convictions That May Affect Eligibility
When evaluating an applicant’s suitability for permanent resident status, USCIS carefully examines the person’s criminal history and background. Certain types of criminal convictions make applicants inadmissible, meaning they cannot receive lawful permanent residency unless they qualify for a discretionary waiver.
The following categories of criminal convictions create this barrier:
Aggravated Felonies
Under immigration law, “aggravated felonies” refer to a broad range of serious crimes. Some examples include murder, rape, sexual abuse of a minor, illicit trafficking of firearms or dangerous weapons, drug trafficking, fraud over $10,000, or theft over $10,000.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) are acts that violate accepted moral standards, such as crimes that require an intent to defraud, theft offenses, or certain crimes resulting in bodily harm. This status applies to applicants convicted of one CIMT within five years of admission to the U.S. or two or more CIMTs at any time.
Controlled Substance Violations
Any drug-related conviction besides a single offense for simple possession of marijuana (30 grams or less) creates challenges for permanent status eligibility. These violations include convictions for drug possession, manufacturing, distribution, trafficking, or paraphernalia offenses. Multiple simple possession offenses also apply.
Domestic Violence, Stalking, Child Abuse
This category includes convictions for crimes of domestic violence, stalking, child abuse, child neglect, or child abandonment involving a current or former intimate partner or child. A protective or restraining order connected to the applicant is also significant.
Prostitution and Commercialized Vice
Engaging in prostitution or unlawful commercialized vice, including patronizing prostitutes, promoting prostitution, or receiving proceeds from these activities, falls under this restriction.
Waiver of Inadmissibility
In limited situations, applicants who normally cannot qualify due to criminal convictions may qualify for a discretionary “waiver of inadmissibility.” This waiver forgives the disqualifying acts if the applicant can prove that refusing admission would cause extreme hardship for their spouse, parents, or children if they are already U.S. citizens or lawful permanent residents. However, aggravated felonies, drug trafficking, and some other serious crimes do not qualify for waivers.
Responding to Questions About Criminal History
The adjustment of status application requires responding to detailed questions about an applicant’s encounters with law enforcement and criminal justice systems. Form I-485 specifically asks whether the applicant has ever committed or been arrested, cited, charged, or convicted for violating any law or ordinance, excluding minor traffic violations.
Applicants must disclose all arrests and charges, even if the charges were dismissed, expunged, or the records were sealed. They must provide information on the date and location of incidents, details of any charges filed, outcomes of any court proceedings, and all supporting documents. Failure to fully disclose one’s criminal history can result in serious consequences, including deportation.
Seeking to Clear Criminal Records
In some cases, it may benefit applicants with past low-level convictions to go through their state’s procedures to remove or seal any qualifying criminal records. This process removes the record from an applicant’s criminal history report, which may then allow the person to truthfully answer “no” when Form I-485 inquires about prior arrests or convictions.
However, simply having cleared records does not guarantee eligibility for adjustment of status. USCIS still expects applicants to provide details and supporting documents for any qualifying offenses that have been processed through these procedures. Consulting an immigration attorney can help determine whether pursuing this approach is worthwhile.
Gathering Evidence of Rehabilitation
Adjusting status with a criminal history often requires submitting significant evidence of rehabilitation, good moral character, and positive community contributions. Examples may include:
- Proof of employment, education, and volunteer service
- Completion of counseling, rehabilitation, vocational, or ethics programs
- Participation in community activities
- Letters of recommendation from employers, instructors, social workers, probation officers, judges, or other community members.
This evidence should demonstrate that the applicant accepts full responsibility and shows regret for their past crimes, showing how the person has taken clear steps to transform their life positively.
Preparing Strong Responses to RFEs
After filing Form I-485, many applicants must respond to USCIS issuing one or more Requests for Evidence (RFEs) related to their criminal history before a decision is made. RFEs require the applicant to supply additional documents to prove and clarify details provided in the initial application.
For criminal issues, RFEs typically ask for additional records related to arrests, court proceedings, convictions, sentences, or rehabilitation efforts. It is essential to work closely with an experienced immigration attorney to collect a complete set of supporting materials to submit with the initial I-485. Having these documents ready allows applicants to provide quick and thorough responses to any RFEs, avoiding unnecessary delays.
In-Person Interviews
Most adjustment of status applicants go through an in-person interview with a USCIS immigration officer as the final step before a decision on their green card application. The interview allows the officer to confirm details about the applicant’s background, including questioning them more closely on any criminal history.
Applicants with a criminal record especially need to carefully prepare with their attorney for this interview. It presents an important opportunity to explain the context of prior offenses, demonstrate personal growth, highlight any rehabilitation efforts that have been made, and emphasize positive factors that outweigh any past unlawful behaviors. Preparation is imperative for a successful interview.
Get Guidance from Pride Immigration for Your Adjustment of Status Application
The consequences are serious for adjustment of status applicants who have any history with the criminal justice system. Even a single conviction for a minor offense can severely complicate or prevent getting lawful permanent residency unless handled properly. Thus, obtaining experienced legal advice provides the best opportunity to successfully address any potential problems.
Pride Immigration’s legal team offers extensive experience in assisting applicants for adjustment of status who encounter challenges related to their criminal records. We take an individualized approach to each client’s specific situation, creating personalized plans to address criminal background concerns. Contact us today at (703) 594-4020 or online to schedule your initial consultation, and our adjustment of status experts will review your criminal background issues confidentially and create an effective plan to help you move forward.
Beeraj Patel, Esq.
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