Can You Get a Green Card with a Criminal Background?
Yes, no, or maybe. This is a complicated question because there are so many types of “criminal backgrounds.” In some cases, you will absolutely not be able to get a green card, for example, if you have a conviction for drug trafficking. In other cases, you may be eligible to get a green card, but with a waiver (special permission) of the criminal violation that would otherwise make you ineligible for the green card. Finally, there are some cases when the criminal background should have no impact on your case. For all types of criminal backgrounds, you will most likely need to provide certified court dockets and police reports.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well. Call 617-744-7919 or email hello@cambridgeimmigrationlaw.com to get in touch.
Our client’s immigrant visa (green card) application approved at US Embassy in Spain, and bonus? The client was able to travel to the US while he was waiting for the final approval. The US citizen spouse needed to return to the US before our client was able to get an immigrant visa, aka as a “green card.” We represented the couple as they were separated for over a year and half, during COVID, waiting for his immigrant visa to process through USCIS, the National Visa Center, and the US Embassy in Europe. Many months into the National Visa Center process, the client wanted to travel to the United States to see his US citizen daughter graduate from high school. Our team prepared a strong package for our client to show to US Customs and Immigration, proving that while he wanted to move to the US with a “green card,” at that time, he just wanted to enter the US for a few days to see his daughter graduate. His quick trip was a success, and a few short months later, he had his Embassy interview and his immigrant visa approved. He wrapped up his life in Europe and moved to the US to start a new life with his wife and children.
Get a Joint Sponsor! You may be able to ask a family member or friend to help. That person must be a US citizen or green card holder and must live in the US. This person will be “joint sponsor.” The sponsor will need to complete Form I-864 and provide required documents to show his/her current income. 
The USCIS stipulates that your spouse must earn 125% of the poverty threshold for your household size in order to sponsor your green card. Your household size will be your spouse, plus you, plus any dependents who live with you (children or other dependents listed on your spouse’s taxes), and anyone your spouse has previously sponsored for a green card. In 2022, for a family of two (you and your spouse), your spouse must earn $22,887 per year. In 2022, for a family of five, your spouse must earn $40,587. You can find the income requirements at 
“Biometrics” means a background check that USCIS runs when you apply for a USCIS benefit. With it, you’ll have your fingerprints stamped and your photo taken. Historically, all applicants had to appear for biometrics every time she filed any type of application, such as a work permit, TPS, or green card. Since COVID, USCIS has switched to waiving biometrics appointments for green cards if the applicant had USCIS biometrics within the past ten years. Note that USCIS biometrics is not the same as biological measurements or finger-printing at US Customs (CBP), a US embassy or at a police station. Fingerprints from those offices won’t get passed over to USCIS to count as USCIS fingerprints. But, USCIS will almost certainly know of any negative information in your other fingerprints checks.
Maybe! Some people are eligible to work even if their marriage-based green card pending after submitting the application because they have another visa that allows them to work. Others are not eligible to work with their marriage-based green card pending until a temporary “employment authorization document” is approved. Currently, USCIS is processing the temporary work permits very slowly…or not at all before the green card is finally approved. At the time of starting your case, and throughout as we get updates and new information, our attorneys will give you estimates of how long it will take for USCIS to approve a work permit for you. Also, we will let you know if there is a problem if you worked without permission at some point before or after submitting your green card application. 
Unless you speak with an immigration attorney first, you should not leave or try to enter the US while you have a US immigration application pending. In many cases, you will be able to leave the US and enter the US while your case is pending. You may be in H1B status, which allows you to leave/re-enter the US while a green card application is pending. You may have advance parole, which allows you to leave/re-enter the US. 
