How does criminal history affect my residency application?

This week in my Consulta Migratoria® column I answer the question of a reader who wants to know if he can apply for permanent residency even though he had some problems with the law.

Each case is different and the answers may vary depending on the background of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.

I am married to a citizen and wish to obtain my permanent residency through her. I am covered by 245(i) because of a work application that was filed on my behalf with immigration in the past. In the past I was found guilty of drunk driving and arrested for possession of narcotics. What are my chances of obtaining permanent residency? Do I need an attorney to do the process? - Jose S.

Jose, anyone with a criminal record should not apply for permanent residence with the United States Citizenship and Immigration Services (USCIS) until an immigration attorney has carefully reviewed his or her immigration and criminal history and determined that he or she is eligible to do so.

It is a good thing that you are married to a U.S. citizen and have the protection of 245(i). Your wife can petition for you if she meets certain requirements including proving her citizenship, that you are legally married, and that the marriage is not just for permanent residence.

245(i) allows you to apply for permanent residence within the United States by meeting certain requirements. For example, you must demonstrate that you are a beneficiary of certain classes of immigration petitions, including petitions for permanent residence through employment, that were filed with USCIS before May 1, 2001.

However, to obtain permanent residency you must prove that you are admissible to the country, including proving that you have not committed certain crimes in the past, such as possession of certain types of drugs.

It is extremely important that you gather your immigration and criminal records as soon as possible and take them to an immigration attorney for a thorough evaluation. You can get your criminal records from the criminal court where your case was handled. If you were only arrested and no charges were filed against you, get a letter from the police or local government prosecutor confirming that you were not prosecuted for the crime.

If you do not have your immigration records, you can request them from the USCIS.