I have a criminal record. Can I still file an application for a green card based on marriage to a US citizen?

I have a criminal record. Can I still file an application for a green card based on marriage to a US citizen?

Yes, you may file a green card application even if you have criminal record. Nevertheless, your criminal record might be an obstacle – depending on its seriousness, it could definitely affect your eligibility to adjust status in the US and obtain a green card. You could also be placed in removal proceedings (deportation). A Criminal Immigration Lawyer NYC could become absolutely necessary at this point.

As part of the process of adjusting your status in the US and becoming a green card holder, the USCIS requires that you be fingerprinted. The fingerprinting known as Biometrics allows the USCIS to check your background and determine if you have criminal record, arrests or convictions. Your criminal record will be revealed in this background check and your green card application will be at risk of denial. In some cases, however, you may be eligible to apply for a Waiver of Criminal Conviction.

If you have ever been arrested, cited or stopped by the police either in the US or anywhere else in the world, filing a green card application could be risky, because you could end up worse off then when you started – not only with a denial of your application, but potentially removal proceedings as well. If you have any criminal record, consult with a green card marriage lawyer NYC before you file a green card application.