For families in Chicago navigating the U.S. immigration process, discovering that a past criminal charge could derail their future is a terrifying moment. A single mistake from years ago can suddenly create a massive legal barrier, leaving you feeling helpless and afraid. You may be wondering which offenses can be forgiven and what, if anything, you can do to fix the problem.
U.S. immigration law is notoriously complex when it intersects with criminal history. While some convictions create permanent bars, you can bypass others with a special waiver application. Understanding the difference is the first step toward finding a path forward for you and your loved ones.
Understanding “Inadmissibility”
The first concept to understand is inadmissibility. Consider it a list of reasons defined by the Immigration and Nationality Act (INA) that allows the U.S. government to deny an individual a visa, a green card, or entry into the country. Having a specific type of criminal record is a common ground of inadmissibility.
This issue primarily affects people applying for a green card (adjustment of status) from within the U.S. or those applying for an immigrant visa at a U.S. consulate abroad. A criminal conviction from years ago in Illinois could be flagged during your background check, stopping your case until it is resolved.
Key Criminal Grounds of Inadmissibility
Not every crime makes a person inadmissible. Immigration law focuses on specific categories of offenses. It is critical to know that the exact name of the crime under Illinois law does not always matter as much as how it is interpreted under federal immigration law.
Crimes Involving Moral Turpitude (CIMTs)
This is one of the most common and confusing categories. A “crime of moral turpitude” is not a specific charge but a legal concept for conduct considered inherently vile, depraved, or contrary to the accepted rules of morality.
Many crimes of theft, fraud, and deceit fall into this category, as do some assault charges where there was an intent to cause significant harm. For example, an Illinois conviction for retail theft is frequently treated as a CIMT. There is a “petty offense exception,” but its rules are complicated.
Controlled Substance Offenses
This is a strict category. With few exceptions, virtually any conviction related to a controlled substance will make a person inadmissible. It includes not only serious offenses but also simple possession charges. The only statutory exception is for a single offense of simple possession of 30 grams or less of marijuana.
Multiple Criminal Convictions
You can also be found inadmissible if you have two or more criminal convictions (other than purely political offenses) for which the total sentences to confinement were five years or more. It does not matter if the crimes were CIMTs or if the time was actually served.
What is an Inadmissibility Waiver?
Your case is not always over if you are found inadmissible because of a past crime. For specific grounds of inadmissibility, you may be able to apply for a “waiver of inadmissibility” using Form I-601. This is an application for forgiveness.
To get a waiver approved, you typically must prove that your denial would cause extreme difficulties to a U.S. citizen or lawful permanent resident spouse or parent. Proving this is a high bar. It requires extensive documentation showing that the hardship your family member would face goes far beyond the normal sadness of separation. Experienced immigration lawyers can be crucial in helping families gather the evidence needed to build a powerful hardship argument.
Crimes That Generally Cannot Be Waived
Unfortunately, not all crimes can be forgiven with a waiver. Certain convictions create permanent bars to admissibility, and an I-601 waiver is unavailable. Examples of such crimes are:
- Convictions for murder or criminal acts involving torture.
- A conviction for an “aggravated felony” is a special category of grave crimes defined by immigration law.
- Any offense related to drug trafficking, including a reason to believe you were a trafficker, even without a conviction.
The intersection of state criminal law and federal immigration law is among the most challenging legal fields. Immigration agencies must carefully analyze the Illinois statute under which you earned a conviction to see how it fits into the federal framework. This is not something anyone should try to figure out on their own. The stakes are too high, so consulting qualified immigration lawyers is crucial.
Our Passion is Keeping Families Together
At Gilliam Law, we understand that people make mistakes. We passionately believe that a past error should not automatically prevent you from building a life with your family in the United States. When you come to us with a complex case involving a criminal record, we approach it with compassion and a commitment to finding a solution.
Our team will carefully review your entire history, analyze the specific details of your conviction, and give you an honest assessment of your options, including the potential for a waiver. We know this is a stressful and frightening time, and we aim to be approachable, supportive advocates who will fight for your future. You do not have to face this alone.
If you are in Chicago and worried about how a criminal record could impact your immigration case, please get in touch with us. Call Gilliam Law today at 866-511-3422 to schedule a FREE, confidential consultation.
1904 W. 47TH St. 
866-511-3422