Whether committed in the U.S. or overseas, a crime on someone’s record can seriously negatively affect the chances of successfully immigrating to the United States. It can also result in the deportation of someone who already has a nonimmigrant visa or a green card or the destruction of his or her hopes of becoming a U.S. citizen.
Suppose you apply for a U.S. visa or lawful permanent residence (a “green card”). In that case, the government officials reviewing your application will take steps to make sure that you are “inadmissible” to the United States. If you are inadmissible, you will be denied the green card or visa unless the law provides an opportunity for you to apply for legal forgiveness, called a “waiver,” and you successfully do so.
Section 212(a) of the Immigration and Nationality Act (I.N.A.) (or 8 U.S.C. 1182(a)) contains the grounds for inadmissibility.
They include a variety of offenses, diseases, previous immigration violations, and the possibility of requiring government financial support.
On the other hand, Crime is a severe issue for many immigrants. However, not every felony on a person’s record renders them ineligible.
Which Crimes Made the Statutory List
- A conviction for a moral turpitude-related crime (but not a purely political offense). Any attempt or conspiracy to commit such a crime is included. It excludes offenses committed under 18, as long as the person was released from jail more than five years before applying for a visa or other immigration benefit.
- Conviction or admission of a controlled substance violation, whether under U.S. or foreign law. This includes any conspiracy to commit such a crime.
- Convictions for two or more crimes (other than purely political ones) for which the prison sentences totaled at least five years.
- Conviction or participation in controlled substance trafficking (according to the U.S. government’s reasonable belief). Anyone who knowingly aided, abetted, assisted, conspired, or colluded in illicit drug trafficking is included. It also contains the inadmissible applicant’s spouse, son, or daughter if that person received any financial or another benefit from the illegal activities within the last five years and knew or reasonably should have known where the money or benefit came from.
- Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history, within the previous ten years, of having engaged in prostitution.
- Procurement or attempted procurement or importation of prostitutes, directly or indirectly, or receipt of proceeds of prostitution, any of which occurred within the previous ten years.
- Assertion of immunity from prosecution after committing a serious criminal offense in the U.S., if the person was thus able to depart the U.S. and has not since submitted fully to the jurisdiction of the relevant U.S. court .
- Commission of particularly severe violations of religious freedom while serving as a foreign government official.
- Commission of or conspiracy to commit human trafficking offenses, within or outside the U.S., or being a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker according to the knowledge or reasonable belief of the U.S. government.
- Conviction of an aggravated felony, if the person was removed from the U.S. and seeks to return (this ground of inadmissibility lasts for 20 years)
- Seeking to enter the U.S. to engage in money laundering or a history of having laundered money, or having been (according to the knowledge of the U.S. government) a knowing aider, abettor, assister, conspirator, or colluder with money launderers.
When applying for a visa or green card, applicants are asked if they have ever been arrested or convicted of a crime. Of course, some people lie on their applications, but the lies are discovered in many cases because most immigration applications require fingerprinting. And once a person is caught lying, they are ineligible for almost any future immigration benefit in the United States.
