As found out while trying to get a nonimmigrant visa or a green card, criminal records matter in the intricate world of the U. S. immigration system. We consistently take sufficient measures to prevent labeling applicants as ‘inadmissible’ to the United States due to their criminal records. If we find that an individual or couple is inadmissible, it means they cannot obtain a green card or visa unless they seek legal pardon or what’s known as a ‘waiver.’
Section 212(a) of the I&N Act provides a list of grounds for exclusion, which we have already discussed above. They include N. A. and are irreversible and various, containing crimes among other offenses. This paper focuses on the nature of the crimes that make a person become a candidate for rejection by the immigration authorities in his or her visa or green card application.
Crimes vs. Deportability: A Crucial Distinction
Before examining the guidelines on crime that would result in a finding of inadmissibility, it is necessary to make a brief distinction between inadmissibility and deportation. After receiving a U.S. visa or even a green card, criminals also encounter challenges, but authorities often consider these challenges grounds for deportation. ’ There are certain situations whereby someone can be both inadmissible and deportable, especially where they have engaged in criminality or acts of violence.
Crimes Listed as Inadmissibility Grounds
The INA list particularly specifies certain activities and crimes. If an applicant engages in them, authorities will deem the applicant ineligible for a visa or a green card. Before discussing these offenses in detail, it is crucial to understand that some of them do not necessarily entail a legal conviction that has gone through a court of law. However, merely charging someone or catching them for a certain crime or finding them ineligible may be enough.
Crime Involving Moral Turpitude (CIMT):
A conviction for a crime classified as involving moral turpitude can lead to physical deportation unless the crime is purely political.
Controlled Substance Violation:
Any conviction or admission relating to the violation of controlled substances’ use, under the U. S. or any foreign statute, bars an applicant from entry into the country.
Multiple convictions:
If an individual has accumulated prison time of five years or more due to two or more convictions of any type of offense, excluding purely political ones, immigration authorities might deem the applicant inadmissible.
Controlled Substance Trafficking:
Engagement in the production or sale of controlled substances or labeling aid, abetting, assistance, conspiracy, or collusion in drug trafficking also makes the person inadmissible. This also includes spouses, children, or beneficiaries who gained any form of financial benefits from any unlawful activities in the preceding five years.
Participating in Prostitution or Commercialized Vice:
The Immigration and Nationality Act § 212(a)(D) considers a person inadmissible if they engage in prostitution or any commercialized vice upon arrival in the United States or within the past ten years before entering the country. Numerous crimes may lead to inadmissibility, but this provision specifically focuses on this aspect.
Human Trafficking Offenses:
Even if one charges human trafficking offenses, or plans to do so, either within or outside of the U. S., this might lead to the inadmissibility of the applicant. It also includes those individuals who have knowingly engaged in such activities within the last five years or received any benefit from, any such activity.
Aggravated Felony:
Removal of a person in the U.S. if that person wishes to return will lead to a conviction of an aggravated felony which is inadmissibility and holds for as long as 20 years.
Money Laundering:
Applying for entry into the U.S.A. for the sole purpose of money laundering or any involvement (history) in money laundering or assisting those involved in money laundering will attract inadmissibility.
The main crimes stated clearly in immigration law include those mentioned above, though any person with a criminal record should consult a qualified immigration lawyer for legal advice. Certain situations or individuals may have exceptions and exemptions, and specific rules, codes, and regulations apply in various contexts.
Complexities of Multiple Convictions
When determining the nature and severity of inadmissibility resulting from multiple convictions, it’s crucial to consider how minor offenses can combine to meet the Canadian government’s criteria for sufficient grounds of inadmissibility. Let’s take an example: a person engages in credit card fraud, leading to a one-year imprisonment for illegal possession of credit cards, two years for fraudulent use of credit cards, and another two years for forgery. In combination, these three offenses give three convictions as well as a sentence of five years imprisonment, which renders the person inadmissible.
Handling Drug Offenses
Any kind of drug offense mostly when one is convicted or has pleaded guilty to a felony or a misdemeanor drug-related case is likely to pose a severe problem in terms of inadmissibility. In most circumstances, such offenses render such individuals inadmissible and prevent them from restoring their lawful permanent resident status permanently. An exception is provided to criminal possession in the quantity of 30 grams or less of marijuana for the first time.
However, even the uncomplicated possession offenses can make things rather bamboozling. For instance, even a charge of simple possession that is involved in a state court can present as another conviction in immigration court. Marijuana possession may not count as a conviction where the amount is less than 30 grams and the immigration judge may choose to strike the conviction out to avoid including in the accounting of the total convictions.
Drug Paraphernalia and Crimes Involving Moral Turpitude (CMTs)
Thus, while possession of drug paraphernalia as well as using drug paraphernalia may not attract long periods of incarceration in criminal court, it can cause refusal of admission to immigration court by non-citizens seeking redress therein.
Currently, there isn’t a system of waiver for drug paraphernalia, so any convictions resulting from possession will contribute to the total number of convictions.
CMTs also contribute to the ground of inadmissibility since the conviction for a crime of moral turpitude makes it impossible for one to enter the United States. However, if the individual has a minor CMT conviction, they can enter Canada to visit the country or undergo necessary medical treatment. However, if the accused has one or more priors of CMT, Canada will deem them inadmissible to enter.
Impact of Alternative Sentencing Programs and Post-Conviction Relief
As you’ve read in some of the forms, non-citizens can have a perception noting that their conviction cannot impact inadmissibility if they have records of expunged, deferred prosecution, probation, or post-conviction relief in the first instance. However, immigration law interprets convictions in a very flexible way, which can encompass a variety of punishments, a court may impose, such as imprisonment, probation, drug and alcohol corruption program, community service, or any anger management among others. They contribute to the overall number of convictions, particularly in immigration cases when authorities place and charge them accordingly.
How Are Crimes Discovered in Visa or Green Card Applications?
When requesting a visa or green card, a person MUST inform about any arrest or convictions for crimes they have ever had.
These applications could result in various negative outcomes, like authorities barring further access to additional immigration benefits in the United States. Immigration applications typically demand fingerprinting, so immigration authorities are likely to detect any attempt to make false statements.
Security-Related Grounds of Inadmissibility
In addition to crimes, matters relating to inadmissibility based on security concerns have a great bearing on visa and green card applications. These include:
Espionage or Sabotage:
People coming to the U. S. for immigration with an intent to engage in unlawful activities against the government such as espionage or sabotage are prohibited and such persons will be declared inadmissible.
Terrorism:
Terrorism is another reason for inadmissibility whereby engaging or conniving with terrorist activities or groups can be a basis for refusal to permit admission. Generally, the U. S. government has established fairly wide factors for identifying a person as engaging in terrorism or having been involved in terrorist activities.
Foreign Policy Concerns:
If immigration authorities suspect that an applicant’s entry could have negative effects or implications for the foreign policy of the U.S., they may deem the applicant inadmissible. I realize that there could be some special cases that would warrant certain exceptions.
Totalitarian Party Affiliation:
Party politics significantly influences the determination of admission, hence, applicants affiliated with communist or any other totalitarian parties are likely to face exclusion.
Nazi Persecution:
Persecution on grounds of race, religion, nationality, or political opinion in areas which were under the control of the Nazi German government during a particular period, makes a person inadmissible.
Torture or Extrajudicial Killings:
People who commit, order, incite, assist, or participate in torture or extrajudicial killings outside the U.S. will face inadmissibility.
Child Soldiers:
Recruiting or using child soldiers can result in inadmissibility, but authorities do not find the child soldiers themselves inadmissible based on their position.
In conclusion, navigating the intricacies of U.S. immigration law, especially concerning inadmissibility, can be highly complex. If you have a criminal record or any concerns about your eligibility for a visa or green card, it is crucial to seek guidance from an experienced immigration attorney. They can help you understand the specific laws and exceptions that may apply to your case and assist in preparing any necessary waiver applications to address your immigration status.
For more information and assistance with your immigration concerns, consult with a qualified immigration attorney to ensure you have the best possible chance of success in your immigration journey.
