Can Minor Arrests Stop You From Getting a Green Card?

Many immigrants assume that if they meet all the legal requirements for a green card, approval is guaranteed. But immigration law doesn't work that way — and understanding why could make the difference between getting your green card and being denied.

What the Attorney Says

Immigration attorney Ilya Fishkin, who has practiced for over 20 years, explains a concept that surprises many applicants: meeting the legal requirements for a green card does not mean you are entitled to receive one. There is an additional layer called discretion — the officer or judge's judgment about whether you deserve a green card based on the full picture of your case.

Fishkin describes a real client who had approximately 19 arrests on his record. None of them were for serious violent crimes. The most serious charge was a DUI; the rest were things like littering out of a car window or parking violations — the kind of infractions that pile up when someone drives for a living, as this client did working at a car service. By most people's standards, this man was not a dangerous criminal. Yet Fishkin himself says: "I would not have given this person a green card." Despite that, he took the case to court — and won the green card for his client.

The key takeaway from Fishkin's experience is this: even arrests that would not, on their own, trigger deportation can still be used as a basis for denial. The sheer number of encounters with law enforcement — regardless of how minor each one was — can signal to an immigration officer or judge that this person does not merit a favorable exercise of discretion. It's not just about what you were convicted of. It's about the pattern, the record, and the overall impression your history creates.

What You Should Do

The interview does not lay out a step-by-step action plan, but Fishkin's account points to several important principles for anyone with arrests in their history who is pursuing a green card:

• Do not assume your case is straightforward. Even if your arrests seem minor or were never prosecuted, they are part of your record and can be raised in your immigration case.
• Be fully transparent with your immigration attorney. Fishkin was able to win a green card for a client with 19 arrests — but that required going to court and building a strategy. That's only possible if your lawyer knows everything upfront.
• Consult an experienced immigration attorney before filing. Discretion cases are complex and fact-specific. An attorney can assess how your record is likely to be viewed and whether additional evidence or arguments will be needed to overcome it.
• Don't wait for a problem to appear. If you have any arrests — even old, minor, or dismissed ones — raise them with a lawyer before your green card interview, not after a denial.

FAQ

Q: If my arrest never led to a conviction, does it still matter for my green card? A: Yes, it can. According to attorney Fishkin, the fact of arrests — not just convictions — can be used as a basis for discretionary denial. An officer or judge may consider the pattern of arrests even if none resulted in a conviction.

Q: What is "discretion" in immigration law? A: Discretion means that even if you technically qualify for a green card, the immigration officer or judge has the authority to deny it based on their overall assessment of your case. Fulfilling the legal requirements is necessary, but it is not sufficient on its own — other factors, including your arrest history, can weigh against you.

Q: Is it possible to get a green card with many arrests on your record? A: It is possible, but it is difficult and may require going to court. Fishkin describes winning a green card for a client with approximately 19 arrests — but he also notes that he personally would not have expected that outcome. Cases like this require experienced legal representation and a strong strategy.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.