Can I still get a green card or relief if I have a record?

This page is general information, not legal advice. Every option below has more rules than we can list. Only a lawyer who has read your record can tell you which ones fit.

Is there still hope if I have a record?

Yes, for many people. A record makes things harder, but it is not always the end. There are three main ways forward, and some people use more than one:

1. Ask the government to forgive it with a waiver.
2. Ask an immigration judge to cancel your deportation.
3. Go back to criminal court and fix the conviction itself.

Which ones fit depends on your exact conviction, your status, how long you have lived here, and your family. It also depends on whether your problem is a crime ground or a drug ground, because drug problems are much harder to forgive. See Words to know for the legal terms.

What is the 212(h) waiver?

It is named for the part of the immigration law it comes from. It can forgive several crime grounds of inadmissibility, including crimes involving moral turpitude and having two or more convictions with total sentences of five years or more.

It cannot forgive drug crimes, with one exception: a single offense of simple possession of 30 grams or less of marijuana.

You can qualify in one of three ways:

• Old acts. The acts happened more than 15 years before you apply, letting you in would not hurt the country's welfare or safety, and you have been rehabilitated.
• Family hardship. You are the spouse, parent, son or daughter of a U.S. citizen or green card holder, and that family member would suffer extreme hardship if you were denied.
• VAWA. You are a VAWA self petitioner. See Can I get a green card if my spouse or parent abuses me?

Even if you qualify, it is a choice the government makes. You must show you deserve it.

What does "extreme hardship" mean?

It means more than the sadness and cost that come with any separation. USCIS says common results like family separation, money loss, or a harder life abroad are usually not enough alone, but they are added together with everything else.

USCIS looks at things like:

• Family ties and how the family would be affected
• Health conditions and access to care
• Money and jobs
• Social and cultural impact
• Conditions in the other country

See What extreme hardship means for an immigration waiver for how to gather proof.

What if I already have a green card and am in court?

You may be able to ask the judge for cancellation of removal for permanent residents. You need all three:

• At least 5 years as a green card holder
• At least 7 years living in the U.S. continuously after being admitted in any status
• No aggravated felony conviction

Even if you meet all three, the judge may still say no. It is the judge's choice, so bring proof of your whole life here.

What if I have no green card and am in court?

You may be able to ask for cancellation of removal for nonpermanent residents. You need all of these:

• At least 10 years of continuous presence in the U.S.
• Good moral character during those 10 years
• No conviction for the listed crimes that block it
• A U.S. citizen or green card holder spouse, parent or child who would suffer exceptional and extremely unusual hardship if you were deported. That is a much higher bar than "extreme hardship."

Only 4,000 people a year can win this. The same stop time rule applies: your 10 years can end when you are served a Notice to Appear or when you committed certain crimes.

If you missed a court hearing and got a deportation order after being warned, you may be barred from this relief for 10 years. See Do I have to go to immigration court?

Can I fix the conviction instead?

Sometimes this is the strongest path. If a California court vacates your conviction because of a legal error, immigration no longer counts it. Common tools:

• Penal Code 1473.7. For people no longer in criminal custody who did not understand the immigration consequences of a plea, or who have new evidence of innocence. See How to ask a court to cancel an old conviction.
• Penal Code 1203.43. For old drug "deferred entry of judgment" pleas. See Clearing an old drug diversion plea.
• Penal Code 18.5. People sentenced to one year for a misdemeanor before January 1, 2015 can ask to have it changed to 364 days. That one day can matter, because some theft and violence offenses become aggravated felonies at one year.
• A pardon. A full and unconditional pardon can waive deportation for a crime involving moral turpitude or an aggravated felony, but not for a drug conviction.

A regular expungement under Penal Code 1203.4 does not remove the conviction for immigration. See Ways to fix an old California conviction.

Are there other paths?

Some forms of relief have their own rules about records. A lawyer may check these:

• U visa for victims of certain crimes who help police. See What is a U visa?
• VAWA for people abused by a U.S. citizen or green card holder spouse or parent.
• T visa for survivors of trafficking.
• Special Immigrant Juvenile Status for some young people. See When a young person with SIJS can apply.
• Asylum and TPS, which have their own crime bars. See Can a criminal record keep me from getting asylum? and Can a criminal record stop me from getting TPS?
• Registry, for people who entered before January 1, 1972 and have good moral character.

What does this look like in real life?

Example (fictional). Mei entered on a student visa, married a U.S. citizen, and is applying for a green card from inside the U.S. Eight years ago she was convicted of petty theft twice.

1. Her lawyer gets the court papers and checks whether the thefts are crimes involving moral turpitude and whether the petty offense exception can cover them. With two convictions, it cannot.
2. The lawyer looks at the 212(h) waiver. The thefts were not more than 15 years ago, so the "old acts" route does not fit yet.
3. The family hardship route may fit, because her husband is a U.S. citizen. They gather proof of his health care, his job, and what would happen to him if she had to leave.
4. Because she never entered with a green card, the permanent resident bars do not apply to her.
5. She files Form I-601 with her green card case, pays the fee, and tells the full truth about both convictions.

Your facts will be different. The steps to copy are: get the papers, check which ground applies, check each route, gather proof, then file.

What should I do now?

1. Get your full record. Court papers for each case, your California DOJ record, and your FBI record.
2. Don't travel and don't file anything until a lawyer has looked.
3. Ask the lawyer to check three things: Can a waiver forgive it? Do I qualify for cancellation? Can the conviction be vacated?
4. Start gathering hardship proof if a family member may be your qualifying relative: medical records, school records, proof of income and bills.
5. Watch for scams. Anyone who promises a green card "for sure" is not telling you the truth. See Warning signs of an immigration scam.

Meeting the rules is not always enough. See Can USCIS deny my green card even if I qualify? That is one more reason to go in prepared.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara county residents: 650-326-6440. Removal defense and record clearance for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Santa Clara County Public Defender, Reentry Expungement Program: (408) 535-4290, for record clearing in Santa Clara County.
• Bay Area Legal Aid, for Bay Area residents: 1-800-551-5554.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• Outside California: the immigration court's list of free legal service providers, by state.
• More help: Free or low cost immigration legal help in the Bay Area and Can I get a free lawyer for immigration court?

Is there a worksheet I can print?

The road may be long, but many people have walked it.