Crimes that Make Visa Applicants Inadmissible
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.
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