Navigating the complexities of U.S. immigration laws can be challenging especially when pursuing a non-immigrant visa or lawful permanent residence, one of the major challenges applicants face is the issue of “inadmissibility.” if this happens to you means your visa or green card application could be denied unless you qualify for and obtain a specific legal waiver so this guide aims to help you understand the various crimes and grounds for this as outlined in Section 212(a) of the Immigration and Nationality Act (I.N.A.), so you can plan your journey well.
Understanding Inadmissibility
It means you are not eligible for a green card or visa unless you can get a waiver and they are only granted under certain conditions and require a thorough legal process.
Crimes and Grounds of Inadmissibility
Crimes Involving Moral Turpitude
This can make you inadmissible but exceptions exist for crimes committed under the age of 18 if you were released from jail more than five years before applying, or if the maximum penalty does not exceed one year and you were sentenced to six months or less.
Controlled Substance Violations
Convictions or admissions related to this can lead to inadmissibility, including involvement in conspiracies to commit such crimes.
Multiple Convictions
If you have two or more convictions resulting in prison sentences totaling at least five years, you can be deemed inadmissible, regardless of whether the convictions are related or from separate trials.
Controlled Substance Trafficking
Involvement in drug trafficking, including aiding, abetting, or conspiring, can result in inadmissibility. This can also affect family members who benefited from the illicit activities within the past five years.
Prostitution and Commercialized Vice
Intending to engage in prostitution or commercial vice upon entering the U.S., or having engaged in prostitution in the last ten years, can make you inadmissible.
Human Trafficking
Participation in or conspiracy to commit human trafficking, either within or outside the U.S., can lead to inadmissibility. This applies to the applicant and family members who benefited from the trafficking.
Aggravated Felony
Returning to the U.S. after being removed for an aggravated felony can make you inadmissible for 20 years.
Money Laundering
Involvement in money laundering or association with known money launderers can result in inadmissibility.
Multiple Convictions and Their Impact
For example, if you were convicted for illegal possession of credit cards, fraudulent use, and forgery, with a total prison sentence of five years, you would be inadmissible.
Marijuana Possession and Inadmissibility
Simple possession of 30 grams or less of marijuana may not lead to inadmissibility if there are no prior drug convictions. However, state court convictions for simple possession can still impact your immigration status.
Drug Paraphernalia
Possession of drug paraphernalia, despite often resulting in lighter sentences in criminal court, can still make you inadmissible, with no available waivers.
Crimes Involving Moral Turpitude and Multiple Convictions
Petty offenses might not lead to inadmissibility if the crime had a maximum sentence of one year or less and the actual sentence served was six months or less. However, multiple prior convictions disqualify this exception.
Alternative Sentencing Programs and Post-Conviction Relief
Participation in alternative sentencing or post-conviction relief programs does not eliminate the conviction for immigration purposes. Immigration law considers any court-ordered punishment, such as probation or community service, as a conviction.
Discovering Crimes During the Application Process
Applicants must disclose all arrests or convictions when applying for a visa or green card. Fingerprint checks are standard, making it hard to conceal a criminal history. Lying on your application can make you permanently ineligible for U.S. immigration benefits.
Inadmissibility for Security Reasons
Things such as involvement in terrorism or espionage.
Espionage and Sabotage
Trying to enter the U.S. for espionage, sabotage, illegal export of goods, or opposing the U.S. government can make you inadmissible.
Association with Terrorism
Any association with terrorism or terrorist groups, including incitement, can lead to inadmissibility.
Foreign Policy Concerns
If your entry into the U.S. could have serious adverse foreign policy consequences, you might be found inadmissible, though exceptions apply for certain officials and lawful associations.
Totalitarian Party Affiliation
Membership in Communist or totalitarian parties can result in inadmissibility unless the membership was involuntary, at a young age, or ceased at least two years ago.
Nazi Persecution
Participation in Nazi-era persecution makes one inadmissible.
Torture or Extrajudicial Killings
Involvement in torture or extrajudicial killings outside the U.S. can lead to inadmissibility.
Recruitment or Use of Child Soldiers
Involvement in the recruitment or use of child soldiers can result in inadmissibility, though the child soldiers themselves may not be inadmissible.
Seeking Legal Assistance
If you have a criminal record or concerns about your admissibility, it’s crucial to consult with an experienced immigration attorney. They can help you assess your situation, determine eligibility for waivers, and guide you through the application process.
Understanding the crimes and grounds of inadmissibility is vital for anyone seeking a U.S. visa or green card. Being aware of these issues helps you navigate the immigration process and address any potential problems. Professional legal advice is often invaluable to ensure the best possible outcome for your immigration journey. If you have specific questions or need personalized guidance, reach out to a qualified immigration attorney. They can provide the expertise needed to help you make informed decisions on your path to achieving lawful permanent residence or a U.S. visa.
