Crimes that Make Visa Applicants Inadmissible

Crimes that Make Visa Applicants Inadmissible

20/03/2017

Immigration attorney

If you have applied or are applying for a U. S. visa, green card or permanent residence; government officials will review your application. One of the things they start by trying to determine is whether or not your application shows that you are inadmissible for a visa to the U.S. However, if you are inadmissible, your visa for a green card or permanent residence will be denied and unless the law provides an opportunity for you to apply for legal forgiveness which is also called a waiver; you will be unable to attain legal entry into the U. S.

The grounds for inadmissibility are found in Section 212 (a) of the Immigration and Nationality Act , the Act includes various crimes, communicable diseases, previous immigration violations and likely need of Government financial assistance. While communicable diseases and post immigration violations could cause a problem in the admissibility and success of your visa application; crimes tend to be a major factor and result in problems of admissibility for many immigrants. Further, while having a criminal record may pose issues to your visa application, not all crimes on a person’s record make him or her inadmissible; there are exceptions to the inadmissibility of specific crimes.

It must be noted that a person’s criminal record can be a cause for problems after the receipt of a U. S. visa or green card, thus all persons who have successfully received a green card must refrain from criminal activities. It must also be noted that these crimes are looked at under separate parts of the Immigration Law, which focuses on the grounds of de-portability.

Crimes Warranting Inadmissibility

Below is a list of crimes outlined in the Immigration and Nationality Act (INA) considered to warrant inadmissibility into the U. S.

Crimes involving turpitude – this includes any attempt or conspiracy to commit a crime but excludes crimes committed when a person was under the age of 18.

As long as the applicant was released from jail five years (5yrs) before applying for the visa or other immigration benefits.

It excludes crimes for which the maximum penalty did not exceed one year in prison and the applicant in fact was not sentenced to more than six months in prison.

Conviction or admission of controlled violation including any conspiracy to commit such a crime whether under U.S. or foreign law

Conviction of two or more crimes, other than political, which totaled a prison sentence of at least five years. Offenses could have had separate trials or occurred at different time frames but amount to five years in total.

Conviction or participation in controlled substance trafficking, includes knowingly aiding, abating, assisted, conspired or colluded in drug trafficking – this includes spouses and/or children who in the past five years benefited financially from the illicit acts of drug trafficking and knew or reasonably knew where the money was coming from.

While the list above outlines crimes which make an applicant inadmissible, speak to a Detroit Immigration attorney to assess your immigration situation objectively and give appropriate advice as to steps you can take.

About the author

Richard Herman Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

Related Posts

U Visa Eligibility Requirements

Two visas came into effect and were authorized through the Victims
2017-01-23 10:43:05
richardherman

18

Visa Petitions

Visa Petitions 15/12/2016
2016-12-15 12:24:38
richardherman

18

Get your Ticket to the US with F-1 Student Visa!

Get your Ticket to the US with F-1 Student Visa!
2015-08-31 08:44:52
richardherman

18

Get your Ticket to the US with Student’s Visa!

Get your Ticket to the US with Student’s Visa!
2015-06-29 10:15:23
richardherman

18

通过公司( L1 Visa )移民美国

Immigrate to America By L1 Visa
2015-04-22 17:47:56
richardherman

18

哈 萨 克 斯 坦 籍 员 工 获 得 H-1B 工 作 签 证(Working Visa)

 H-1B Working Visa for a Kazakhstan Employee
2015-03-11 18:15:06
richardherman

18

Croatia traveler transfer status from B-2 TO F-1 Visa

Croatia traveler transfer status from B-2 TO F-1 Visa
2015-02-04 20:35:42
richardherman

18

Chinese Traveler Transfers Status to F-1 Visa

 Chinese Traveler Transfers Status to F-1 Visa
2015-02-04 20:13:58
richardherman

18

Chinese Manager Granted L-1A Visa

Chinese Manager Granted L-1A Visa
2015-02-04 15:05:29
richardherman

18

Permanent Resident’s wife was granted V-1 Visa

Permanent Resident's wife was granted V-1 Visa
2015-02-03 21:55:26
richardherman

18

The following two tabs change content below.
Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

Latest posts by Richard Herman (see all)

0 Comments

Leave a reply

Your email address will not be published. Required fields are marked *

*