Can USCIS Ask for More Information on Your Criminal Record if You Want to Sponsor an Immigrant?
If USCIS has questions about your criminal history, they may ask you for more information. They may also require that you submit additional documentation, such as court records or police reports.
If you're not sure whether or not your criminal record will affect your ability to sponsor someone for a green card, it's a good idea to speak with an immigration attorney. An attorney can review your criminal history and help you determine whether or not you'll be able to sponsor someone.
It's also important to note that even if you are able to sponsor someone for a green card, the person you're sponsoring still needs to meet the right criteria for admissibility. That means USCIS will also look at the immigrant's criminal history when making their decision.
Criminal records can make it difficult to sponsor someone for a green card, but it's not impossible. If you have a criminal record and you're hoping to sponsor an immigrant, the best thing to do is to speak with an immigration attorney. An attorney can help you understand your options and give you the best chance of getting your I-130 approved.
Related: How the public charge policy affects immigration
What if I Haven't Been Convicted of a Crime, but I Have Arrests on My Record?
If you haven't been convicted of a crime but you do have arrests on your record, USCIS will review your record to determine whether you qualify to sponsor someone. Generally, because of the way the U.S. legal system works, arrests don't mean much on a criminal record; only convictions make a big impact. That's because anyone can be in the wrong place at the wrong time and get arrested; but the U.S. justice system is only supposed to convict people who are actually guilty. (Whether or not the system actually works that way is another matter - and it's one for criminal attorneys to discuss, not immigration attorneys!)
What Happens if You Can't Sponsor Someone for a Green Card?
If you can't sponsor someone for a green card, that doesn't mean the person will never be able to get a green card. The person you're sponsoring will have to find another way to get a green card; for example, he or she may be able to apply for a green card through employment or via another family member. If they're in the U.S. on a temporary visa, they may also be able to adjust their status to obtain a green card. (However, only some visas can be adjusted to lawful permanent residency. Most can't.)
Related: How to find an ICE detainee online
Which Immigrants Don't Need Sponsors to Get a Green Card?
Some immigrants don't need sponsors at all, such as those seeking asylum or refugee status in the United States. Also, immigrants who have certain types of employment-based visas don't need sponsors.
Do You Need a Lawyer to Help Sponsor Someone for a Green Card?
Many people find that working with an immigration attorney is the best way to get the best possible outcome - particularly if they're trying to sponsor someone but they have a criminal record. An attorney can help you figure out the best way to proceed and may be able to help you get your I-130 petition approved even if you have a criminal record.
Related: The most common immigration lawyer fees, explained
Do You Need to Talk to an Attorney About Sponsoring Someone for a Green Card When You Have a Criminal Record?
If you have a criminal record and want to sponsor someone for a green card, we may be able to help you. Call our office now to schedule a free consultation with an experienced attorney who can answer your questions and help you get the best possible outcome in your case.
