The United States conducts a lottery to assist immigrants seeking permanent residency here who are coming from countries with low immigration rates to the US. This process is known as the “green card lottery” and “Diversity Immigrant Visa Program.” It is a complicated process, particularly if you are an applicant with a criminal record. The reason is that one of the primary considerations of the United States government in such cases is the applicant’s character.
Criminal Records and Eligibility for the Green Card Lottery
If you have a criminal record, your application will be considered based on three factors:
Your offense
Less serious infractions, such as shoplifting, are less likely to adversely affect your application for a green card through the lottery, especially if your punishment for the crime did NOT involve any jail time. If your offense is minor, you may even be able to complete a waiver application to wipe out your criminal record before formally applying for the green card, which will facilitate your application even further.
However, if you have been convicted of a serious crime, particularly a crime involving a jail sentence, you are less likely to obtain a green card with ease. Again, depending on the offense, you may be considered under the “aggravated felony” clause of some US immigration statutes, which can permanently hinder your applications for permanent residency in the US.
How long ago you committed the crime
The US is more likely to consider your case if your criminal offense occurred long ago, and was not followed by other convictions or arrests.
What your punishment was
The federal government closely considers your criminal sentence when examining your green card lottery application. If you have been sentenced to jail, especially to terms of longer than one year, you are much more likely to have difficulty in applying for a green card.
Remember too, if you have a green card, you can stand to lose it if you are convicted of a crime. Deportation is a common occurrence in cases of those with green cards who are convicted of crimes. Once you are deported, you will most likely never be permitted to return to the US.
Getting Help
If you are applying for a green card and you have a criminal record, you may want to consider hiring an attorney to represent you and advise you of your legal rights. They may also help you with the application process so you can have a knowledgeable advocate on your side.
