Under U.S. immigration law, not all crimes and immigration violations automatically disqualify you from obtaining a Green Card. However, certain serious offenses can lead to denial. Below, we outline key categories of crimes and violations to help you understand their potential impact on your application.

Understanding Crimes and Violations That Can Affect Green Card Eligibility

Crimes That Can Lead to Green Card Denial

Aggravated Felonies

These are severe crimes under U.S. immigration law and often result in Green Card ineligibility. Examples include:

  • Fraud or violent offenses
  • Child pornography or sexual abuse of a minor
  • Murder
  • Filing invalid tax returns

Crimes of Moral Turpitude

These are offenses that violate societal norms and ethical standards. Examples include:

  • Murder
  • Animal abuse
  • Intentional harm
  • Arson

Note: Minor offenses like joyriding or simple assault typically do not fall under this category.

Drug-Related Crimes

Convictions involving controlled substances can disqualify you, especially if they involve:

  • Drug trafficking
  • Possession of over 30 grams of a controlled substance, even for personal use

Immigration Violations That Can Impact Eligibility

In addition to criminal offenses, certain immigration violations may create significant challenges for Green Card applicants. These include:

  • Overstaying a Visa: Remaining in the U.S. beyond the expiration of your visa.
  • Overstaying Under ESTA: Staying longer than 90 days under the Visa Waiver Program.
  • Living in the U.S. Without Legal Status: Residing in the country without valid authorization.
  • Illegal Entry: Entering the U.S. without inspection or authorization.

What If Your Offense Isn’t Listed?

If your offense doesn’t fall into these categories, you may still qualify for a Green Card. Each case is reviewed individually, and factors such as rehabilitation and the nature of the crime are considered. Consulting with an experienced immigration attorney can help clarify your options and next steps.

Remember: Honesty and full disclosure are critical when applying for a Green Card. Failure to report relevant information can result in denial or future legal consequences.