If you're undocumented and thinking about applying for legal status in the U.S., you're not alone. With constant changes in immigration policy and a rising sense of urgency, many people feel pressure to act quickly. But starting an immigration process without first reviewing your criminal history could be a serious mistake.
At Landerholm Immigration, A.P.C., we’ve seen it too often: people file a case hoping for protection, only to end up detained—or even deported—because of a past arrest or conviction they didn’t think would matter.
In this post, we’ll walk you through four types of criminal records that may put you at high risk if you apply for benefits through USCIS. If you recognize any of these in your history, we strongly recommend speaking with a licensed immigration attorney before submitting any paperwork.
1. 🚨 Multiple DUI Arrests
Driving under the influence (DUI) is one of the most common issues we see—and one of the most dangerous for your case. Even if you were never convicted, two or more DUI arrests can make you a target for Immigration and Customs Enforcement (ICE). They may see it as a pattern of behavior that threatens public safety.
That means even if you're applying for something like:
- A family petition (I-130)
- A U visa
- VAWA protections
- Parole in place
- Adjustment of status
...you could be detained while your application is being processed. ICE has the authority to act once they’re alerted to your record—even if your case is otherwise strong.
2. ⚖️ Domestic Violence Charges
If you’ve been arrested or charged with domestic violence, your case could be flagged for enforcement—even if the case was dropped or you were never convicted.
Why? Because immigration law takes allegations of violence seriously. These types of cases can:
- Make you inadmissible
- Make you deportable
- Prevent you from getting bond if you're detained
Remember, definitions of domestic violence vary from state to state, and even a single police report can cause problems with your case. It’s absolutely critical to have a qualified attorney look over your record before filing anything with immigration.
3. 💊 Drug Offenses
A single drug-related arrest or conviction can be a major red flag in immigration. Whether the substance was marijuana, cocaine, meth, or something else, these cases are taken extremely seriously by ICE.
Even if your record only shows:
- Possession of a small amount
- No jail time
- A deferred sentence or dismissal
…you could still be considered inadmissible or deportable. You might also lose the chance to post bond if ICE detains you.
Some limited exceptions exist (for example, for possession of 30 grams or less of marijuana), but even those require legal guidance to navigate safely.
4. 🧾 Theft, Fraud, or "Crimes Involving Moral Turpitude"
Immigration law uses the term "moral turpitude" to refer to crimes involving dishonesty or bad intent—things like:
- Shoplifting
- Fraud or forgery
- Writing bad checks
- Identity theft
These types of crimes—whether recent or from many years ago—can result in inadmissibility or removal. Even if you’ve changed your life since then, immigration authorities still take these offenses seriously.
If you have any criminal history that involves theft or fraud, do not file anything with USCIS until you’ve had your case reviewed by a professional.
Final Thoughts: Filing Without Legal Advice Can Be Risky
We know how tempting it is to get your case started. Maybe you’ve heard that “it’s better to have something pending than nothing at all.” But the truth is: not everyone should file right now—especially if you have a record.
Filing a case alerts immigration to where you live, gives them your fingerprints, and opens your life up to government scrutiny. If you have any red flags in your past, it could be dangerous to move forward without a proper legal review.
That’s why we urge you:
✅ Talk to a licensed immigration attorney before you file.
❌ Don’t rely on notarios or document preparers.
❌ Don’t assume you’re safe just because your record is “old” or “minor.”
Need Help?
At Landerholm Immigration, A.P.C., we offer confidential consultations to help you figure out whether filing is the right move—and if not, what steps you can take to prepare for a safer future. We’re here to protect you, guide you, and fight for the best possible outcome in your case.
Don’t risk your future. Talk to a lawyer first.
📞 Call us or schedule your consultation online today.