So, is it Possible?
Can you get a green card with a criminal record? While it’s a challenging environment right now, a past mistake doesn’t guarantee your dreams are dead.
If you’re trying to get a green card—or keep the one you have—a criminal record can feel like an impossible obstacle. Maybe it was a DUI years ago. Maybe it was a misdemeanor you thought was resolved. Or maybe you’re facing charges right now and wondering what this means for your immigration status.
You’re not alone, and you’re not out of options. A green card can still be possible with a criminal record. Just maybe more difficult.
At Cook Attorneys, we’ve seen how immigration and criminal defense overlap in ways most people never expect. One mistake in court can ripple into your visa, your green card application (or current residency), or even deportation proceedings. But understanding what’s at stake—and when legal help can make a difference—is the first step toward protecting your future.
Here’s what you need to know if you have a criminal record and you’re pursuing lawful permanent residence in the United States:
- Not all criminal convictions automatically disqualify you from getting a green card.
- Certain crimes, like aggravated felonies and drug offenses, carry serious immigration consequences.
- Waivers exist for some convictions, but they may require proving “extreme hardship” to a qualifying relative.
- Timing matters: defending your criminal case with immigration consequences in mind can save your status.
- Even expunged convictions can still affect your immigration case under federal law.
How Criminal Records Affect Green Card Applications
U.S. immigration law divides criminal offenses into categories that affect your ability to enter, stay, or naturalize. Not all crimes carry the same weight, but the system is complicated and, at times, unforgiving.
Crimes of Moral Turpitude (CMT)
This broad category includes crimes that involve dishonesty, fraud, or intent to harm—things like theft, larceny, fraud, forgery, assault with intent to injure, and certain domestic violence offenses.
Even a single conviction for a crime of moral turpitude can make you inadmissible to the U.S. There’s a narrow exception called the “petty offense exception,” which may apply if the maximum potential sentence was one year or less, you were actually sentenced to six months or less, and it’s your only CMT conviction. But this exception doesn’t cover aggravated felonies or controlled substance offenses—and it’s not automatic. You’ll need to show you qualify.
Aggravated Felonies
Despite the name, “aggravated felonies” aren’t always violent and aren’t always felonies under state law. Under immigration law, this category includes serious crimes like murder, rape, sexual abuse of a minor, drug trafficking (even small amounts can qualify), theft or burglary with a sentence of one year or more, fraud involving more than $10,000, and certain firearms offenses.
An aggravated felony conviction makes you inadmissible and deportable—and in most cases, you cannot apply for a waiver. If you have an aggravated felony on your record, your legal options are extremely limited, and the passage of time does not erase an aggravated felony.
Controlled Substance Violations
Immigration law takes drug offenses seriously. Any conviction related to a controlled substance—except a single offense involving simple possession of 30 grams or less of marijuana—can make you inadmissible.
Even a misdemeanor drug charge can derail your green card application. Marijuana possession, though legal under Virginia law, is still illegal under federal law—and immigration cases are decided under federal law. A conviction for possession with intent to distribute, no matter how small the amount, is considered a drug trafficking offense under immigration law.
Domestic Violence and Firearms Offenses
Convictions for domestic violence, stalking, child abuse, or violating a protective order are automatic grounds for inadmissibility. So are certain firearms violations.
Even if you weren’t convicted—if you simply violated the terms of a protective order—that can still affect your immigration case. Agreeing that the facts were sufficient to convict you may also count, effectively, as a conviction.
What “Inadmissible” Really Means
When we say someone is “inadmissible,” it means U.S. immigration authorities can deny their application for a visa, green card, or reentry into the country.
Being inadmissible doesn’t always mean you’re out of options, but it does mean you’ll need to address the issue head-on—often with the help of an experienced attorney who understands both criminal and immigration law.
Deportability vs. Inadmissibility: What’s the Difference?
If you are present in the U.S. with a green card and are convicted of a crime, the issue isn’t inadmissibility. It’s deportability.
Deportable offenses include aggravated felonies, crimes of moral turpitude committed within five years of admission (if the offense carries a sentence of one year or more), two or more crimes of moral turpitude at any time, controlled substance violations, domestic violence, stalking, child abuse, and firearms offenses.
If Immigration and Customs Enforcement (ICE) believes you’ve committed a deportable offense, they can place you in removal proceedings—even if you’ve lived in the U.S. for years.
Can You Get a Waiver?
In some cases, yes. Waivers allow you to overcome certain inadmissibility grounds, but they’re not easy to get.
Waiver of Inadmissibility (Form I-601)
If you’re outside the U.S. or applying for adjustment of status, you may be able to apply for a waiver if you have a U.S. citizen or lawful permanent resident spouse or parent, and you can show that denial of your application would cause “extreme hardship” to that qualifying relative.
“Extreme hardship” is a legal standard. It’s not just inconvenience or emotional difficulty—it’s serious, documented harm that goes beyond what’s typical in immigration cases.
Waiver Eligibility Depends on the Crime
Not all crimes are waivable. Crimes of moral turpitude are generally waivable with Form I-601. Controlled substance violations (except simple marijuana possession under 30 grams) may be waivable in limited cases. But aggravated felonies are almost never waivable, and drug trafficking offenses cannot be waived.
If you’re unsure whether your conviction can be waived, talk to an attorney before you file anything. A denied waiver application can close doors permanently.
What About Expungements and Pardons?
In Virginia, you may be able to expunge certain charges or have convictions pardoned. But here’s the catch: immigration law often ignores expungements and pardons and proceeds as if the convictions still exist
For immigration purposes, an expungement may help, but it doesn’t automatically erase the conviction from your immigration record. A pardon can sometimes help with inadmissibility, but only if it’s based on innocence—not just rehabilitation.
Don’t assume an expungement solves your immigration problem. You’ll need an attorney who understands both Virginia criminal law and federal immigration consequences.
Timing Matters: Criminal Charges vs. Convictions
If you’re facing criminal charges but haven’t been convicted yet, you may still have time to protect your immigration status.
Your criminal defense attorney should understand the immigration consequences of different plea deals, fight to avoid convictions that trigger inadmissibility or deportability, and negotiate outcomes that protect both your criminal record and your immigration future.
Sometimes the difference between a conviction for “possession” and “attempted possession” can mean the difference between staying in the U.S. and deportation. The stakes are that high.
When You Need Both a Criminal Defense Attorney and an Immigration Attorney
Immigration and criminal law intersect in complicated ways. The best outcome usually requires a criminal defense attorney who understands immigration consequences and fights to protect your status in plea negotiations and at trial, working alongside an immigration attorney who can help you navigate the waiver process, adjustment of status, or removal defense.
At Cook Attorneys, we focus on criminal defense and understand how charges, convictions, and case outcomes ripple into immigration status. We work with immigration counsel when needed to protect your rights on both sides of the process.
Red Flags That Your Case Needs Legal Help
If any of these apply to you, don’t wait. You need legal help if you’re facing criminal charges and you’re not a U.S. citizen, you’ve been convicted of a crime and you’re applying for a green card, ICE has contacted you or placed you in removal proceedings, you were arrested even if charges were dropped, or you’ve already applied for a green card and received a Request for Evidence (RFE) or a notice about inadmissibility.
Immigration cases don’t get easier with time. The sooner you act, the more options you’ll have. You might be able to get a green card with a criminal record, but you’ll likely need help.
Protect Your Future Before It’s Too Late
A criminal record doesn’t have to be the end of your immigration journey—but navigating it alone can lead to permanent consequences.
If you’re facing criminal charges, applying for a green card, or worried about your status, don’t leave your future to chance.
Contact Cook Attorneys today for a confidential consultation. We’ll help you understand what’s at stake, what options you have, and how to move forward with confidence.
