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The application process for the Green Card It is long and stressful for most; But the most important thing is to make sure not to lie with any information and not make mistakes when filling out forms. In that sense, many applicants wonder if the criminal record they weigh too much in the final decision of the authorities. And although there are cases in which the history corresponds only to the main applicant for the permanent residencethings change when he has already obtained it and was arrested at some point, because when he tries to sponsor someone else, other types of questions arise.
If I have a criminal record, can I harm my family member when I ask for residency?
According to multiple lawyers and academics migration expertsthere are not rare cases in which, for example, a man with criminal record gets the permanent residenceand then, he intends to sponsor his partner and/or children. In general, it is the individual’s criminal history that carries the most weight in the final decision; and as has already been made known in the different legal frameworks of the Immigration Law, NOT all types of background make the Green Card automatically refuses.
However, it is essential to remember that, when crimes are considered serious under US law, the denial of permanent residence It is almost automatic. In fact, according to the different resolutions in each case, a Green Card It can be lost as soon as crimes related to drug trafficking, murder, filing a false tax return, fraud, or sexual abuse of a minor are committed.
In the same way, criminal records involving the crimes mentioned as ‘serious’ in the previous paragraph may cloud the possible invitation to a loved one. In short: even if your partner or family member does not have criminal recordthe invitation you give them to sponsor them could fall apart if you have already committed a serious crime and been prosecuted for it.
Now, according to experts, the most frequent cases of criminal record by a sponsor, do not involve serious crimes (because to begin with, it is most likely that he would have already lost his permanent residence.) In any case, the general recommendations when there is a criminal history involved are two: go to a immigration lawyer for advice and NOT lie about any information requested by the authorities.