Criminal Defense Lawyers

Criminal Grounds of Inadmissibility: When Convictions Block Immigration

Maria thought her DUI from 2012 was behind her. She’d completed her probation, paid the fines, and moved on with her life. But when she showed up at the U.S. consulate in Mexico City for her green card interview, the officer barely looked at her documents before saying those crushing words: “I’m sorry, but your inadmissible to the United States.”

Your not alone if this scenario sounds familiar. Every year, tens of thousands of people discover that a criminal conviction—sometimes decades old—blocks their path to a visa, green card, or even just visiting family in the States. The confusion is real: one person gets approved despite a theft conviction, while another gets denied for a marijuana charge from their college days. What’s going on?

Here’s the thing: criminal inadmissibility is one of the most complex areas of immigration law, and the stakes couldn’t be higher. Families get seperated, careers destroyed, and in some cases, people face danger in their home countries because they can’t return to the U.S. But there’s also hope. Understanding exactly which crimes make you inadmissible—and what waivers might be available—can mean the diffrence between permanent separation and reuniting with your loved ones.

This guide explains everything you need to know about criminal grounds of inadmissibility in plain English. We’ll cover which specific crimes matter, what exceptions exist, and most importantly, what you can actually do if a conviction stands between you and your immigration goals.

What Criminal Inadmissibility Actually Means

Let’s start with the basics. “Inadmissibility” is the legal term for being barred from entering or adjusting status in the United States. Its different than deportability, which applies to people already in the U.S. who might be removed. If your applying for a visa, green card, or trying to reenter after traveling abroad, inadmissibility is what matters.

Criminal inadmissibility comes from Section 212(a)(2) of the Immigration and Nationality Act (INA). This section lists specific types of crimes that make you inadmissible—but not every crime makes the list. A speeding ticket won’t affect you. A single bar fight that resulted in a disorderly conduct charge probably won’t either. But crimes involving “moral turpitude,” drug offenses, and certain other categories definately will.

Here’s what makes this so confusing: the law doesn’t just look at what you were charged with. Immigration officers examine the actual statute you were convicted under, the facts of your case, and sometimes even what you admitted during the process. Two people convicted of “assault” might have completly different immigration consequences based on the specific details.

Criminal inadmissibility applies at several points:

• When your applying for any type of visa at a U.S. consulate abroad
• When filing to adjust status to a green card inside the U.S.
• When trying to enter the U.S. at a port of entry (airport, border crossing, etc.)
• When seeking certain immigration benefits like asylum or citizenship

The grounds fall into three main buckets: crimes involving moral turpitude, controlled substance violations, and other specific criminal grounds. Each category has different rules, exceptions, and waiver options. And yeah, its as complicated as it sounds.

Crimes Involving Moral Turpitude (CIMT): The Confusing Category

“Moral turpitude” might be the single most frustrating phrase in immigration law. The government has never given a precise definition, which leaves everyone—including immigration officers themselves—trying to figure out what qualifies. Generally speaking, a crime involves moral turpitude if it includes fraud, theft, intent to harm someone, or certain sexual offenses. But the analysis gets incredibly technical.

Here’s what typically does count as a CIMT:

• Theft or shoplifting (any amount)
• Fraud, forgery, or embezzlement
• Robbery or burglary
• Aggravated assault (with intent to harm)
• Rape or sexual assault
• Murder or manslaughter
• Certain domestic violence offenses
• Most types of fraud against the goverment

And what typically doesn’t count:

• Simple assault (without intent, just recklessness)
• DUI or DWI (unless it involves injury or extreme recklessness)
• Disorderly conduct
• Trespassing
• Many traffic offenses

But—and this is crucial—immigration officers don’t just look at the name of your charge. They’re gonna examine the actual statute to see if it necessarily involves moral turpitude. This is called the “categorical approach,” and it trips people up all the time.

The Petty Offense Exception: Your Possible Way Out

Even if you have a CIMT, you might qualify for the “petty offense exception.” This is huge, because it means the conviction doesn’t make you inadmissible at all. But the requirements are strict—miss even one, and the exception doesn’t apply.

To qualify, all three of these must be true:

1. The maximum possible penalty under the statute is one year or less
2. You were actually sentenced to six months or less (including suspended sentences)
3. It’s the only CIMT you’ve ever been convicted of in your entire life

People mess this up constantly. They think, “I only got probation, so I’m fine.” But if the crime could have resulted in more then a year in prison under the law, you don’t qualify—even if the judge only gave you probation. You have to check what the statute allowed at the time of your conviction, not what actually happened to you.

Also, that “only one CIMT” requirement is absolute. If you have two CIMTs in your whole life, your inadmissible regardless of how minor they were or how long ago they occured. There is one exception to that exception, though (told you this was complicated): the “single scheme” exception.

The Single Scheme Exception

If you have multiple CIMTs, they won’t make you inadmissible if they arose from a “single scheme of criminal misconduct.” However—and I’ve seen this disappoint so many people—the definition of “single scheme” is incredibly narrow.

Most people think it means “charges from the same arrest” or “crimes that happened on the same day.” Nope. The crimes have to be part of one continuous act with a single criminal objective. Let me give you examples:

Single scheme (probably): You rob a bank and assault the security gaurd during the same robbery. Both crimes are part of accomplishing one criminal goal.

NOT a single scheme: You write bad checks to three different stores over the course of a month. Even though its all check fraud, each incident is a seperate crime with a separate criminal act.

The “same arrest” doesn’t automatically mean single scheme. If you get pulled over for a DUI and the officer discovers you have stolen credit cards in your car, those are two completely different criminal acts—not a single scheme, even though you were arrested once.

Controlled Substance Violations: Zero Tolerance

Drug convictions are treated more harshly then almost any other criminal ground. Under INA 212(a)(2)(A)(i)(II), any conviction related to a controlled substance makes you inadmissible. There’s no petty offense exception. A single marijuana possession charge from when you were 19 carries the same inadmissibility consequence as a heroin trafficking conviction.

But it gets worse. You can also be inadmissible if you simply admit to violating drug laws—even without a conviction. This trips up people at the border all the time.

The Admission Trap

Imagine your at the airport, going through customs. The officer asks if you’ve ever used marijuana. You think, “Well, it’s legal in California now, and I smoked it once in college—might as well be honest.” So you say yes.

Congratulations, you just admitted to committing a federal crime (marijuana is still illegal under federal law), and that admission alone can make you inadmissible. You don’t need a conviction. You don’t even need an arrest. The admission of the “essential elements” of a drug offense is enough.

So here’s my advice: Never discuss past drug use with immigration officers. If they ask directly, you have the right to speak with an attorney before answering. Don’t think being honest will help you—it won’t. It’ll just give them grounds to deny you.

The Marijuana Confusion

Alright, let’s address the elephant in the room. Marijuana is legal in many states now, so does that change anything for immigration? Unfortunately, no. Federal immigration law is based on federal drug law, and under federal law, marijuana is still a Schedule I controlled substance.

This creates massive confusion:

• A marijuana possession conviction in Colorado makes you just as inadmissible as one in Texas
• Working in the marijuana industry—even legally under state law—can create “reason to beleive” your involved in drug trafficking (more on this later)
• Traveling from a marijuana-legal state doesn’t protect you at the border
• Admitting to marijuana use, even where legal, can trigger inadmissibility

There is one small piece of good news: there’s guidance suggesting that simple possession of 30 grams or less of marijuana may be waivable (we’ll get to waivers later). But that’s not an exception—you’re still inadmissible, you just might be able to get a waiver approved. And the waiver still requires proving extreme hardship to a U.S. citizen or permanent resident relative.

Also, be careful if your conviction got reduced or modified. Immigration officers look at what you were originally convicted of, not necessarily the final disposition after plea deals. The analysis gets technical real quick.

Drug Paraphernalia and Other Drug-Related Crimes

What about drug paraphernalia charges? It depends on whether the statute is “related to” controlled substances. Most courts have held that simple possession of paraphernalia does make you inadmissible, even though its often charged as a minor misdemeanor.

Prescription drug crimes also count. If you were convicted of possessing Xanax without a prescription, that’s a controlled substance violation. Doesn’t matter that Xanax is legal with a prescription—you didn’t have one, and that makes it illegal possession.

Other Specific Criminal Grounds

Beyond CIMTs and drug offenses, there are several other categories of crimes that trigger inadmissibility. Some of these are worse then CIMTs because they have no petty offense exception and no time limit.

Prostitution and Commercialized Vice

Under INA 212(a)(2)(D), anyone “coming to the United States solely, principally, or incidentally to engage in prostitution” is inadmissible. This also includes anyone who has engaged in prostitution within the past 10 years, or anyone who’s procured or attempted to procure prostitutes.

This ground is broader then just prostitution itself. It can include:

• Managing or operating a brothel
• Receiving financial gain from prostitution
• Transporting people for prostitution

However, if you were the victim of human trafficking who was forced into prostitution, there are special protections and waivers available.

Domestic Violence, Stalking, and Child Abuse

This one is particularly harsh. Under INA 212(a)(2)(E), if you’ve been convicted of domestic violence, stalking, child abuse, child neglect, or child abandonment, your inadmissible. Period. And there’s:

• No petty offense exception
• No time limit
• No requirement for multiple convictions

A single misdemeanor domestic violence conviction from 30 years ago, with no jail time, makes you inadmissible unless you can get a waiver. And these waivers are tough.

Here’s what catches people off gaurd: many states don’t label crimes as “domestic violence” in the statute name. Immigration officers look at the relationship between the victim and offender, not the charge title. Simple assault against a spouse or dating partner likely qualifies as domestic violence even if it wasn’t charged as such.

Also, this ground includes violations of protection orders. If you violated a restraining order or protective order, that can make you inadmissible even if it was just a contempt charge.

Multiple Criminal Convictions

Under INA 212(a)(2)(B), your inadmissible if you’ve been convicted of two or more crimes (doesn’t matter if their CIMTs or not) for which the aggregate sentences totaled five years or more.

The key word is “aggregate”—they add up all your sentences. So if you got 2 years for one crime and 3 years for another, that’s 5 years total, and you’re inadmissible. Doesn’t matter if the sentences ran concurrently (at the same time) or if you only actually served 6 months. What matters is what the judge sentenced you to, not what you served.

One important note: this ground only applies if the crimes arose from a “single scheme of misconduct.” Wait, didn’t we say single scheme was an exception for CIMTs? Yep. This is one of the weird contradictions in immigration law—for CIMTs, single scheme helps you, but for this ground, single scheme hurts you. Makes no sense, but that’s the law.

“Reason to Believe” Drug Trafficking

INA 212(a)(2)(C) is one of the most dangerous grounds because it requires no conviction, no arrest, and no admission. If a consular officer or immigration officer has “reason to believe” you’re a drug trafficker, they can deny you based solely on suspicion.

This gets used against people who:

• Have family members involved in the drug trade
• Travel frequently to drug-producing regions
• Have financial resources that don’t match stated income
• Have other circumstantial evidence suggesting drug involvement

And here’s the kicker: there’s generally no waiver available for this ground. If they decide they have “reason to believe” your a trafficker, your options are extremely limited. You can try to provide evidence refuting the suspicion, but once a consular officer makes this determination, its very hard to overcome.

Human Trafficking and Money Laundering

These are pretty straightforward. Under INA 212(a)(2)(H), anyone who’s committed or conspired to commit human trafficking is inadmissible. There are some exceptions for victims who were coerced into minor trafficking-related offenses.

Money laundering convictions also make you inadmissible, as do crimes involving “moral turpitude” related to financial fraud of $10,000 or more.

The Expungement Trap (Don’t Fall For This)

Okay, this might be the most important section in this entire guide. So many people think that getting their conviction expunged or sealed solves their immigration problem. It usually doesn’t.

Here’s why: state court expungement generally doesn’t eliminate a conviction for federal immigration purposes. When a state court expunges your record, it’s only affecting state records. Federal immigration law has its own rules about what counts as a conviction, and expungement typically doesn’t change that.

Think about it from the government’s perspective. You committed a crime, you were convicted, and then a state judge later decided to seal the record. But from immigration’s point of view, the conviction still happened. The fact that state law now treats it as if it didn’t occur doesn’t override federal law.

This means:

• You must still disclose expunged convictions on immigration forms
• Immigration officers will still see expunged convictions in FBI databases
• An expunged conviction can still make you inadmissible
• Failing to disclose an expunged conviction is fraud, which creates a permanent bar

I’ve seen people waste thousands of dollars getting expungements, thinking it’ll fix their immigration case, only to discover at the consulate that it didn’t help at all. Don’t be that person.

The Rare Exceptions

That said, there are some very specific situations where record relief might help:

Federal First Offender Act (18 USC 3607): If you got this specific federal disposition for simple possession of a controlled substance, and you successfully completed probation, there’s no conviction for immigration purposes. But this only applies to federal cases, not state cases.

Certain Youthful Offender Programs: Some—but not all—state youthful offender programs result in no conviction for immigration purposes. The analysis is complicated and varies by state. For example:

• Federal youthful offender status under 18 USC 5010(b) = no conviction for immigration
• Florida’s “withhold of adjudication” = still a conviction for immigration in most cases
• New York’s youthful offender status = no conviction for immigration (usually)

You need to get certified court records showing exactly what disposition you recieved, and then have an immigration attorney analyze whether it qualifies under the Matter of Pickering framework.

Vacated Convictions: If a conviction was vacated for legal reasons (like a constitutional violation), it may no longer count. But if it was vacated purely for immigration purposes or to rehabilitate you, it still counts. The reason for vacatur matters.

Pardons: A full, unconditional pardon by the governor or president might eliminate a conviction for immigration purposes, but the analysis is complicated and depends on the specific crime and the terms of the pardon.

Bottom line: don’t assume any record relief solves your problem. Get a legal opinion from an immigration attorney who can analyze your specific situation.

What About Arrests Without Convictions?

Generally, arrests that didn’t result in convictions don’t make you inadmissible. The criminal grounds are based on convictions (or admissions), not arrests. So if you were arrested but the charges were dropped or you were found not guilty, that arrest doesn’t trigger criminal inadmissibility.

However—and this is important—you still need to disclose the arrest on immigration forms. Most visa applications and adjustment applications ask about arrests, not just convictions. If you fail to disclose an arrest, that’s fraud, which creates its own inadmissibility ground.

Also, what happened during the arrest process can create problems. If you admitted to committing a crime during your arrest or at any point in the criminal process, that admission can be used against you for immigration purposes even if you were never convicted. This is especially common with drug cases—people admit to possession during the arrest, then the charges get dropped, and they think their in the clear. But immigration could still use that admission.

Deferred Adjudication and Pre-Trial Diversion

What about deferred adjudication, pre-trial diversion, or similar programs where you complete requirements and then the charges get dismissed?

It depends on the state and the specific program. In some states, these programs result in no conviction for immigration purposes. In other states, immigration law still considers it a conviction even though the state doesn’t.

For example, Texas deferred adjudication is not a conviction for immigration purposes if you successfully complete it. But in other states, similar programs might still count as convictions. You need to look at:

• Whether the program required an admission or guilty plea
• Whether the judge made a formal finding of guilt
• How the state treats the disposition
• What the federal immigration definition of “conviction” says

The immigration definition of “conviction” (INA 101(a)(48)) is broader then what many states use, which is why state law dismissals don’t always help.

Criminal Waivers: Your Path Forward

Okay, so you’ve figured out that you’re inadmissible due to a criminal conviction. Now what? For many grounds, you can apply for a waiver—essentially asking the government to overlook the inadmissibility and grant you the benefit anyway.

The main waiver for criminal grounds is the I-601 waiver (or I-601A for provisional waivers, though those only cover unlawful presence, not criminal grounds). Getting a waiver approved is not easy, but its definately possible—tens of thousands of people succeed every year.

Who Qualifies for a Waiver?

To even be eligible for an I-601 waiver, you need:

1. A qualifying U.S. citizen or lawful permanent resident relative: Usually a spouse or parent. For some grounds, you can also qualify through a son or daughter, or even a fiance(e).
2. Extreme hardship to that qualifying relative: You have to prove that if your waiver is denied and you can’t come to/stay in the U.S., your U.S. citizen or LPR relative will suffer “extreme hardship.” This is way more then just normal hardship of being separated.
3. Positive discretionary factors that outweigh the negative: Even if you meet the first two requirements, the officer has discretion to deny if they think the positive factors in your life don’t outweigh the seriousness of your crime.

Some criminal grounds have no waiver available at all:

• “Reason to believe” drug trafficking (INA 212(a)(2)(C))
• Certain serious drug trafficking offenses
• Participants in Nazi persecution, genocide, torture, or extrajudicial killings

If your inadmissible under one of those grounds, your options are extreemly limited.

What “Extreme Hardship” Actually Means

This is where most waiver applications succeed or fail. “Extreme hardship” doesn’t mean the normal emotional and financial hardship of being separated from a loved one—that happens to every family dealing with immigration issues, so its not considered “extreme.”

Factors that support extreme hardship include:

• Medical conditions: Your U.S. relative has serious health problems and needs you to care for them, or can’t get needed treatment in your home country if they were to join you there
• Financial impacts: Your the sole or primary income earner, and your U.S. relative would face severe financial hardship without you (losing home, unable to afford medical care, etc.)
• Country conditions: If your U.S. relative would have to move to your home country to be with you, conditions there (violence, lack of medical care, economic hardship) would cause extreme hardship
• Educational disruption: Children would have to leave school, might not speak the language of your home country, would lose educational opportunities
• Family ties: Your U.S. relative has deep ties in the U.S. (elderly parents they care for, etc.) that make it impossible for them to relocate

You need to provide evidence for everything. Medical records, doctor letters, financial documents, country condition reports, letters from schools—everything. USCIS won’t just take your word for it.

Also, they look at hardship to each qualifying relative separately. Hardship to your spouse is analyzed seperately from hardship to your U.S. citizen child. Sometimes you can combine factors across relatives to paint a full picture.

What Evidence Strengthens Your Waiver

Beyond extreme hardship, you need to show that your a person who deserves a favorable exercise of discretion despite your criminal conviction. Evidence that helps:

• Rehabilitation: Evidence you’ve turned your life around since the conviction—completion of treatment programs, therapy records, letters from counselors, stable employment, community service
• Time elapsed: The longer its been since your conviction without any new issues, the better. A conviction from 15 years ago with a clean record since then looks way better then one from last year.
• Nature of the crime: You can explain the circumstances of the offense, showing it was an isolated incident and not reflective of your character. Letters from victims or courts showing the offense was minor can help.
• Family ties in the U.S.: Deep family connections, especially U.S. citizen children who depend on you
• Employment and community ties: Stable work history, letters of recommendation from employers, community involvement, volunteer work
• Lack of other immigration violations: If your only issue is the criminal conviction and you’ve otherwise followed the law, that helps

One strategy I’ve seen work well is getting letters from the victim or even the prosecutor in your criminal case, explaining that they support your immigration case or that the offense was relatively minor. Not always possible, but powerful when it is.

I-601 vs. I-601A: Understanding the Difference

This confuses people constantly. The I-601A “provisional unlawful presence waiver” is only for unlawful presence grounds, NOT criminal grounds. Despite many people’s hopes, you cannot get a criminal waiver approved before leaving for your consular interview.

Here’s how the process works if you need a criminal waiver:

1. You attend your consular interview abroad
2. The consular officer determines your inadmissible due to a criminal ground
3. You then file an I-601 waiver application (either with USCIS in the U.S. or at the consulate)
4. You wait for the waiver decision—typically 12 to 24 months in 2025
5. If approved, you complete your visa processing

This means you’ll likely be stuck abroad waiting during the waiver processing. That’s 1-2 years separated from your family in many cases. Its brutal, but that’s the reality.

If you need both an unlawful presence waiver AND a criminal waiver, you can file the I-601A for the unlawful presence piece before departing. But the criminal waiver still has to wait until after the consular interview denial.

Realistic Timelines and Costs (2025)

Let me give you realistic expectations based on current processing:

Processing times: I-601 waivers are taking anywhere from 12 to 24 months to process in 2025. Some people get lucky and see faster processing, but don’t count on it. Expedite requests are rarely granted unless there’s a true emergency.

Costs:

• I-601 filing fee: $1,195 (as of 2025)
• Attorney fees: typically $3,000 to $10,000+ depending on complexity and location
• Supporting documentation: medical evaluations, translations, country reports, etc. can add up to hundreds or thousands more
• Lost wages while waiting abroad: potentially tens of thousands depending on your situation

Approval rates: This varies wildly by ground and circumstances. Waivers for old, minor crimes with strong hardship evidence might have 60-70% approval rates. Waivers for recent, serious crimes might be 30% or less. There’s no official published data, but experienced attorneys can give you a sense based on their cases.

What Happens If Your Waiver Is Denied?

If USCIS denies your I-601 waiver, you have limited options:

• Appeal to the Administrative Appeals Office (AAO): You can file an appeal, but success rates are low and it adds 12+ months to the process
• Reapply with better evidence: You can file a new waiver application with additional evidence addressing the reasons for denial. This is often the better strategy.
• Abandon the immigration case: If your situation changes (qualifying relative no longer available, etc.), you might have to give up on U.S. immigration

This is why its so important to get the application right the first time. Work with an experienced attorney, gather strong evidence, and present the best case possible initially.

Special Situations and Edge Cases

There’s a few other situations that come up frequently enough to address:

Juvenile Delinquency

If you were adjudicated as a juvenile delinquent (not an adult criminal conviction), those adjudications generally don’t count as convictions for immigration purposes. However, this only applies to true juvenile delinquency proceedings. If you were tried as an adult in criminal court, even though you were under 18, that’s still a conviction.

Foreign Convictions

Convictions from other countries do count for U.S. inadmissibility purposes. The analysis looks at whether the conduct would have been a crime under U.S. law (federal or state). If it would have been a crime here, the foreign conviction makes you inadmissible.

This gets complicated because you have to figure out what U.S. law the foreign offense most closely resembles. Working with an attorney familiar with your home country’s legal system helps.

Military Courts-Martial

Convictions from military courts-martial are treated the same as civilian convictions for immigration purposes. So if you were court-martialed and convicted, that conviction is analyzed just like any other conviction to determine if it triggers inadmissibility.

Vacated Convictions

We mentioned this earlier, but its worth repeating: if a conviction was vacated, it might not count anymore—but it depends on why it was vacated.

• Vacated for legal/constitutional reasons: Doesn’t count (usually)
• Vacated for rehabilitation or to help with immigration: Still counts

The government wants to see that the underlying conviction was legally defective, not just that a sympathetic judge wanted to help you with immigration.

How Much Time Has Passed

Unlike some inadmissibility grounds, most criminal grounds have no time limit. A conviction from 40 years ago still makes you inadmissible today (though time does help with the waiver discretionary analysis).

The one exception is prostitution, which has a 10-year lookback period. But for CIMTs, drug offenses, domestic violence, and most other grounds, time doesn’t eliminate the inadmissibility—it just might make a waiver easier to get.

What NOT to Do (Avoiding Catastrophic Mistakes)

Look, I’ve seen people make mistakes that permanently destroyed their immigration chances. Don’t be one of them. Here’s what to avoid:

Never lie on immigration forms. Ever. Period. Lying about a conviction—or even just failing to disclose something you thought didn’t matter—is fraud. And fraud creates a permanent bar to immigration with very limited waiver options. Even if you think an expungement means you don’t have to disclose it, disclose it anyway.

I’ve seen people get approved for visas by lying about convictions, live in the U.S. for years, and then when they apply for citizenship, the lie is discovered and they get deported. Not worth it.

Don’t assume expungement solved your problem. We beat this to death already, but its worth repeating because its such a common mistake. Disclose expunged convictions. Let the immigration officer decide if it matters.

Don’t admit to drug use at the border. CBP officers sometimes ask about past drug use. You have the right to decline to answer and request to speak with an attorney. Don’t think honesty will help—it won’t. It’ll just give them grounds to deny you entry.

Don’t apply without understanding your ground. I’ve seen people waste thousands on visa applications that had no chance of approval because they didn’t realize their conviction made them inadmissible, or they didn’t realize no waiver was available. Do the research first.

Don’t try consular processing without a waiver strategy. If you know you have a criminal ground, don’t just show up at the consulate hoping for the best. Have a plan for the waiver application. Know what evidence you’ll need. Some people strategically wait to gather strong hardship evidence before even applying for the visa.

Don’t think you can hide convictions. Immigration officers have access to FBI databases, international criminal databases, and tons of other records. They will find your convictions, even if their old, even if their from another country, even if you think they were sealed. The only question is whether you disclosed them—if you didn’t, that’s fraud.

Don’t wait until your at the border to address known issues. If you know you have a conviction that might cause problems, deal with it before you travel. Getting denied entry at the airport is way worse then addressing it proactively through the proper waiver process.

Practical Next Steps: What To Do Right Now

So, what should you actually do if you think criminal inadmissibility might affect you? Here’s a practical action plan:

Step 1: Get Your Criminal Records

Obtain certified copies of court records for every arrest and conviction in your life. You need:

• The charging documents showing the exact statute
• The plea agreement or trial verdict
• The sentencing documents showing the exact sentence imposed
• Any disposition paperwork (completion of probation, etc.)
• Records of any expungements, pardons, or other relief

Don’t rely on your memory. Get the actual certified court documents. Courts can usually provide these for a fee, even for old cases.

Step 2: Determine the Federal Classification

Figure out whether your crime qualifies as a CIMT, controlled substance violation, or other inadmissibility ground. This requires looking at:

• The exact statute you were convicted under
• What elements the statute requires
• How immigration law classifies that type of offense

This is where most people need help from an immigration attorney. The categorical approach analysis gets really technical, and getting it wrong can derail your entire case.

Step 3: Assess Waiver Eligibility

If you determine your inadmissible, figure out:

• Is a waiver available for your ground?
• Do you have a qualifying U.S. relative?
• Can you prove extreme hardship to that relative?
• What evidence do you have or can you gather?

Be honest with yourself about the strength of your case. If your waiver prospects are weak, you might need to reconsider your immigration plans or explore alternative options.

Step 4: Gather Evidence Before Applying

Don’t rush into filing applications. First, gather the strongest evidence possible:

• Medical records and doctor letters documenting health conditions
• Financial documents showing income, assets, debts, and expenses
• Country condition reports from the State Department or human rights organizations
• School records for children
• Letters of recommendation from employers, community members, religious leaders
• Evidence of rehabilitation (treatment completion, therapy records, etc.)

The more thorough your evidence package, the better your chances.

Step 5: Understand the Timeline

Know what your getting into before you start:

• How long will the underlying visa/green card process take?
• How long will you likely wait for a waiver decision?
• Can you afford to be separated from family during that time?
• Do you have financial resources to survive abroad if needed?

For some people, the timeline makes pursuing U.S. immigration impractical. Its better to know that upfront then get halfway through the process and realize you can’t sustain it.

Step 6: Decide DIY vs. Attorney

Some immigration cases can be done yourself. Criminal inadmissibility cases usually aren’t among them. You should strongly consider hiring an attorney if:

• You have any criminal conviction that might be a CIMT or controlled substance violation
• You need to file a waiver
• You have multiple convictions
• Your conviction was expunged or vacated and you’re unsure if it still counts
• Your facing a particularly serious ground like domestic violence or “reason to believe” trafficking

That said, attorneys are expensive. If cost is prohibitive, look for:

• Non-profit legal aid organizations in your area
• Law school clinics that handle immigration cases
• Pro bono programs through local bar associations
• Limited-scope representation (paying an attorney just to review your case and advise, while you do the paperwork yourself)

Questions to Ask Potential Attorneys

If you decide to hire an attorney, ask:

• How many criminal waiver cases have you handled?
• What’s your success rate with cases similar to mine?
• What do you think my realistic chances are?
• What’s your fee structure, and what does it include?
• How long do you expect my case to take?
• Will you be handling my case personally or passing it to a junior attorney/paralegal?

Don’t hire the first attorney you talk to. Consultations are often free or low-cost, so talk to 2-3 attorneys and compare their assessments.

Final Thoughts: Moving Forward Despite the Fear

Criminal inadmissibility is genuinely one of the most complicated areas of immigration law. If your feeling overwhelmed and scared, that’s completely normal. The law is confusing, the consequences are severe, and the process is stressful.

But here’s what I want you to remember: thousands of people successfully overcome criminal inadmissibility every year. People with DUIs get waivers approved. People with old theft convictions reunite with their families. People who made mistakes decades ago get second chances.

Its not easy. It requires gathering strong evidence, being patient through long processing times, and often investing significant money in legal fees. But its possible.

The worst thing you can do is nothing. Avoiding the issue doesn’t make it go away—it just means you’ll eventually face it unprepared, possibly at the worst possible moment (like at the border or during an interview). Dealing with it proactively gives you control over the process and the best chance of success.

Get your records. Understand your specific situation. Gather evidence of hardship and rehabilitation. Work with an experienced attorney. Be honest on all forms. And most of all, don’t give up hope.

Immigration law can be harsh, especially when it comes to criminal grounds. But it also provides pathways forward for people who deserve a second chance. If your committed to doing this right, your chances of success are way better then you might think.

You’ve got this. Take it one step at a time, and keep moving forward.