Uniting Families Together for Over 25 Years

Immigration and Criminal Convictions: Bringing your loved one to the United States is complicated when either of you have a criminal offense.

Our immigration legal team is devoted to helping your family. We’ve helped thousands of families with even the most complex immigration legal matters. And we approach our work with the highest ethical standards.

Convictions of the foreign applicant

There are many ways that criminal arrests or convictions can interfere or prevent a foreigner from immigrating to the US.

In some cases, a foreigner is barred from the US and a bar waiver is possible. In other cases, a bar waiver is unavailable and we need to look at other strategies for putting family members together.

Normally, there must be a criminal conviction. But, an admission of guilt plus punishment in the absence of a conviction can still treated as a “conviction” for US immigration purposes. This is so when the crime involves controlled substances or matters of moral turpitude that “shock the conscience.”

Minor misdemeanor crimes such as drunk driving are less of a problem than more serious felony crimes such as burglary. The potential jail sentence and actual sentence imposed matters as does the type of crime. US federal immigration rules deem that possession of marijuana is a serious crime even if certain states legalized it.

In nearly all cases, we can determine the level of the criminal offense, and whether you need a bar waiver. If so, what are the chances the bar can be waived in order to obtain US immigration benefits?

Convictions of the US citizen or green card holder

In two instances, a US citizen or green card holder can be prevented from immigrating a foreign family member to the US:

• IMBRA for fiance visa petitions by US citizens; or
• The Adam Walsh Act.

Under all circumstances, an immigration officer can view crimes by US citizens or foreign family members in a negative light. Officers have a great deal of discretion in deciding whether or not to issue a visa or green card to a foreign fiancé, spouse, child dependent, or any other family member. When facing immigration and criminal convictions, you need an experienced immigration lawyer on your side.

Clients in All 50 States and Abroad

Our team of attorneys and support staff is able to work on your immigration matters from the convenience of your location whether you are in the U.S. or currently residing abroad. We come to you using the latest technologies to help make your life easy.

There are a wide variety of immigration lawyers offering legal services. There are also quite a number of unlicensed “legal assistants” offering help. Consequently, you should seek out a competent immigration law firm at a reasonable cost. Allan Lolly & Assoc. offers expert legal advice and works efficiently to help keep costs reasonable.

Call for Assistance

Consider a licensed, professional immigration legal representative before proceeding. Immigration law is large and diverse, covering many types of immigration.  Government agencies have become increasingly adversarial. Don’t take risks. Have our team on your side to prevent avoidable delays, anticipate problems, and effectively navigate your matter toward successful completion. We provide a free initial consultation for those interested in possibly working with us on case processing, and we’re happy to answer your questions.