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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Changing immigration status while living in the United States can already be a complex process. If you have been arrested or convicted of a crime, it is natural to wonder whether you can still file a change of status application or whether your immigration goals are now at risk.

The answer depends on the specific facts of your case. An arrest or conviction does not automatically prevent someone from changing immigration status, but it can lead to additional review by U.S. Citizenship and Immigration Services (USCIS). For individuals in Chicago and throughout Illinois, understanding how criminal history may affect a pending or future application is an important first step.

An Arrest Is Not the Same as a Conviction

One of the most common misconceptions is that an arrest carries the same legal weight as a criminal conviction. From an immigration perspective, these are very different situations.

Although USCIS may review the circumstances surrounding an arrest, a conviction often has more significant immigration consequences. Even so, immigration officers may request court records, police reports, or other documentation to better understand what occurred.

Because immigration law has its own definitions and standards, the outcome of a criminal case does not always determine how USCIS will evaluate a change of status application.

Criminal Conviction

USCIS May Closely Review Your Immigration Eligibility

When reviewing a change of status request, USCIS considers more than whether an applicant meets the requirements for the new visa classification. Officers may also examine whether the applicant remains admissible to the United States.

Depending on your circumstances, USCIS may review:

  • The nature of the alleged offense.
  • Whether criminal charges are still pending.
  • The final disposition of the case.
  • Prior immigration history.
  • Previous arrests or convictions.
  • Any required disclosures made on immigration forms.

Providing complete and accurate information is essential. Attempting to hide an arrest or conviction can create additional immigration concerns beyond the underlying criminal matter.

Some Criminal Offenses Raise Greater Immigration Concerns

Not every criminal offense affects immigration status in the same way. Certain allegations may receive closer scrutiny because they can involve issues of admissibility or other immigration consequences.

Examples may include:

  • Crimes involving fraud or dishonesty.
  • Drug-related offenses.
  • Domestic violence allegations.
  • Certain theft offenses.
  • Crimes involving violence.
  • Multiple arrests or convictions over time.

The specific facts of the case, including how the offense is classified under both criminal and immigration law, often determine whether additional legal issues arise.

Timing Can Be an Important Factor

Some individuals wonder whether they should file a change-of-status application while criminal charges are still pending. Others consider waiting until their case has been resolved.

There is no one-size-fits-all answer.

Filing too early may result in additional requests for evidence or delays if important court records are unavailable. Waiting too long, however, could create separate immigration issues if a person’s current lawful status is nearing expiration.

Evaluating both the immigration and criminal case timelines can help applicants make informed decisions about when to move forward.

Supporting Documentation Often Matters

Applicants with an arrest or conviction history should expect USCIS to request additional documentation in many situations.

Helpful records may include:

  • Certified court dispositions.
  • Charging documents.
  • Evidence that criminal penalties have been completed.
  • Rehabilitation or treatment records, when applicable.
  • Documentation explaining the circumstances of the incident.

Having organized and complete records can make it easier to respond if USCIS requests additional information during the review process.

Legal Guidance Can Help You Understand Your Options

Criminal law and immigration law do not always work together in predictable ways. A plea agreement that appears favorable in criminal court may still create unexpected immigration consequences. Likewise, an arrest that did not result in a conviction may still raise questions that should be addressed before filing a change-of-status application.

Carefully reviewing your criminal history, immigration record, and long-term goals before submitting an application may help identify potential issues and determine the most appropriate path forward.

Speak With a Chicago Immigration Attorney

If you are considering filing a change of status application after an arrest or criminal conviction, understanding how your criminal history may affect your immigration options is critical.

At Kasturi Law, immigration attorney Shobhana Kasturi helps individuals throughout Chicago and surrounding Illinois communities evaluate the impact of criminal matters on immigration applications, prepare supporting documentation, and navigate complex change-of-status cases.

Consultations are available in person, by phone, or via Zoom, and you may schedule either a 30-minute or 60-minute consultation through our online calendar. Contact Kasturi Law today to discuss your situation and explore your available immigration options.