Applying for a green card through Form I-485 (Adjustment of Status) is one of the most important steps in your immigration journey. But many applicants face a difficult roadblock: criminal issues. Even a minor arrest, misdemeanor, or past conviction can trigger serious problems, including a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or outright denial under INA 212(a)(2).
If you’re worried about whether your criminal record will affect your green card application, you’re not alone. This guide explains what types of crimes impact I-485 approval, what options are available, and how our law firm helps clients overcome these obstacles.
Does USCIS Check Criminal Records for I-485?
Yes. As part of your I-485 application, USCIS requires fingerprints and background checks through the FBI, Department of Homeland Security, and other law enforcement databases. Even expunged or dismissed cases can appear in these checks. That means hiding or failing to disclose past arrests can lead to denial for misrepresentation under INA 212(a)(6)(C)(i) and sometimes worse than the crime itself.
What Crimes Can Cause Green Card Denial?
Some criminal issues can make you inadmissible and lead to denial of your I-485:
- Crimes Involving Moral Turpitude (CIMTs): theft, fraud, domestic violence, etc.
- Controlled Substance Violations: drug possession, marijuana use, trafficking charges.
- Multiple Criminal Convictions: two or more offenses with sentences adding up to 5+ years.
- Aggravated Felonies: serious crimes like murder, rape, or major fraud.
- DUI or Alcohol-Related Offenses: while not always a bar, multiple DUIs or DUIs with injury can cause denial.
Even arrests without conviction can raise red flags. USCIS officers often issue RFEs or NOIDs to demand police records, court documents, or proof that the case was dismissed.
Can You Still Get a Green Card With a Criminal Record?
Yes. In many cases, you can still succeed. Options include:
- Criminal Waivers (Form I-601): Available if you can show extreme hardship to a US citizen or lawful permanent resident spouse, parent, or child.
- Strong Legal Arguments: Demonstrating that your charge is not actually a CIMT or doesn’t trigger inadmissibility under immigration law.
- Challenging Incorrect Findings: USCIS sometimes misinterprets state law. Our legal briefs have overturned many wrongful inadmissibility determinations.
Real Client Success Stories
- Case 1: DUI and I-485 Pending
A client was arrested for DUI while his I-485 was pending. USCIS issued a NOID citing concerns over public safety. We responded with strong legal arguments and evidence. His case was approved, and he received his green card. - Case 2: Theft Charge Dismissed, Still Denied
Another client had a theft charge dismissed years ago, but USCIS still flagged it as a crime of moral turpitude. We successfully argued that dismissed charges cannot form the basis of inadmissibility. USCIS reversed its decision, and the green card was granted.
How We Help Clients With I-485 Criminal Issues
Our firm has extensive experience handling I-485 denials, RFEs, and NOIDs involving criminal records. We:
- Review your case and identify the exact immigration consequences of your charges.
- Collect crucial documents to build a defense.
- Write persuasive legal briefs challenging USCIS misinterpretations.
- File I-601 waivers when necessary to overcome inadmissibility.
- Guide you step by step to keep your green card process on track.
Don’t Risk a Denial. Let Us Fight for Your Green Card
A criminal record does not automatically mean your I-485 will be denied, but it does mean you need a strong legal strategy. Many applicants succeed in overcoming these issues with the right approach and evidence.
If you’ve received an RFE, NOID, or denial on your I-485 due to criminal issues, don’t wait until it’s too late. Call us at 305-515-0613 or email info@messersmithlaw.com today. Let us fight to protect your immigration future and help you secure your green card.