If I Have a Criminal Record Can I Still Sponsor a Family Member?

Sponsoring a family member for citizenship can be a complex and daunting process, especially if you have a criminal record. Many people worry that their past mistakes might prevent them from reuniting with their loved ones in the United States. It is important to be aware of the impact that a criminal record has on the ability to sponsor a family member and the key aspects of how to navigate this challenging situation.

Understanding the Basics of Sponsorship

Before diving into the specifics of how a criminal record affects sponsoring a family member for citizenship, it’s important to understand the basic requirements for sponsoring a family member for citizenship in the United States. The United States Citizenship and Immigration Services (USCIS) allows United States citizens and lawful permanent residents to sponsor certain family members for immigration. This includes:

• Spouses
• Children
• Parents
• Siblings (for U.S. citizens only)

To be eligible for sponsoring a family member for permanent residence, you must be at least 21 years old and meet certain financial requirements to demonstrate that you can support the family member you are sponsoring. Sponsors are also required to submit an Affidavit of Support (Form I-864), a legally binding document that affirms your financial commitment to supporting the family member you are sponsoring for citizenship. This form serves as a contract between you and the U.S. government, indicating that you will provide financial support to your family member if necessary, thereby preventing them from relying on public assistance programs.

The Impact of a Criminal Record While Sponsoring a Family Member for Permanent Residence

A criminal record does not automatically disqualify a U.S. citizen from sponsoring a family member for permanent residence, but it can raise concerns depending on the nature of the offenses. The only criminal offense that directly affects a U.S. citizen’s ability to sponsor a family member is if they have been convicted of sexually assaulting or abusing a child. In such cases, sponsorship is prohibited. If the USCIS requests documents related to a U.S. citizen’s criminal history, it is generally to ensure that the offense is not related to child abuse or similar crimes. Other than that, a criminal record does not impact a U.S. citizen’s eligibility to sponsor a family member.

However, while the criminal history of the sponsor may not disqualify them, the USCIS could still consider the record in evaluating the legitimacy of the relationship. For instance, if a U.S. citizen with a history of serious criminal offenses, such as drug trafficking, domestic violence, or other felonies, sponsors a foreign spouse, the USCIS might scrutinize the relationship more closely. This is to assess whether the relationship is bona fide or if it could be an attempt to circumvent immigration laws.

For the person being sponsored, the USCIS will take into account the nature and severity of any criminal offenses when evaluating their application. Crimes more likely to impact the sponsorship include:

• Crimes of Moral Turpitude: Offenses involving dishonesty or morally reprehensible conduct, such as theft or fraud.
• Controlled Substance Violations: Offenses involving the possession, distribution, or trafficking of illegal drugs.
• Violent Crimes: Serious offenses such as murder, manslaughter, or domestic violence.
• Sexual Offenses: Crimes involving sexual misconduct, abuse, or exploitation.

The USCIS also considers whether the individual has shown rehabilitation and how much time has passed since the conviction. Demonstrating good moral character and maintaining a clean record for several years can positively influence the outcome of the application for the person being sponsored.

Steps to Take if You Have a Criminal Record

If you intend on sponsoring a family member for citizenship, it is wise to navigate the process with caution and a well-thought-out strategy. Sponsoring a family member for citizenship with a criminal record requires a comprehensive approach to maximize your chances of success. Here are some steps to consider while going through the process:

1. Consult an Experienced Immigration Attorney: The complexities involved in sponsoring a family member for citizenship with a criminal record make it imperative to seek professional legal advice. An experienced immigration attorney can thoroughly review your case, evaluate how your past might impact the sponsorship, and provide you with a clear strategy. They can also help you prepare a strong application that addresses any potential concerns the USCIS may have regarding your eligibility.
2. Gather Substantial Evidence of Rehabilitation: Showing that you have reformed and are now a responsible citizen is critical when attempting sponsoring a family member for citizenship. Gather thorough documentation that supports your rehabilitation, such as letters of recommendation from employers, community leaders, or religious figures. Additionally, include proof of community service, certificates from rehabilitation programs, and any other evidence that demonstrates your commitment to positive change.
3. Maintain Full Transparency and Honesty: When you have a goal of sponsoring a family member for citizenship, honesty is non-negotiable. It’s important to provide complete and accurate information about your criminal history in your application. Any attempt to conceal or downplay your past offenses can lead to serious consequences, including the denial of your application and potential legal issues. Being honest not only builds trust but also shows the USCIS your integrity.
4. Prepare a Detailed Personal Statement: A well-crafted personal statement can play a pivotal role in sponsoring a family member for citizenship. In this statement, provide a clear and honest account of your past offenses, discuss the steps you’ve taken to rehabilitate, and explain why you do not pose a risk to the family member you are sponsoring. This statement should be thoughtful and reflective, highlighting your growth and dedication to living a law-abiding life.
5. Consider the Impact of Your Criminal Record on the Sponsorship Process: Different types of crimes carry different levels of scrutiny when sponsoring a family member for citizenship. For example, crimes involving moral turpitude, violence, or substance abuse may require more extensive evidence and stronger arguments to convince the USCIS of your eligibility. An immigration attorney can help you anticipate these challenges and guide you in preparing the necessary documentation.

By following these strategic steps, you can strengthen your case for successfully sponsoring a family member for citizenship, regardless of your past. Each step allows you to demonstrate your rehabilitation and your commitment to reuniting with and supporting your loved ones.

Potential Outcomes

The USCIS will carefully review your application and consider all factors before making a decision. There are typically three outcomes when it comes to sponsoring a family member for citizenship. These include:

1. Approval: If the USCIS determines that your criminal record does not pose a risk, your sponsorship application may be approved.
2. Request for Evidence (RFE): The USCIS may request additional documentation or evidence to support your case. Responding promptly and thoroughly to an RFE is key.
3. Denial: If the USCIS concludes that your criminal record makes you ineligible, your application will be denied.

While the possibility of denial can be daunting, it’s important to remember that legal avenues, such as appeals and waivers, may still offer hope. An experienced immigration attorney can walk you through your options for your unique case.

At Davis & Associates, we understand the stakes involved when it comes to family immigration and are committed to helping you achieve a positive outcome. If you are unsure about whether you are eligible to sponsor a family member due to a criminal record, contact us today so we can discuss your options.