12/4/2016 2 Comments
If you are someone you love is in the process of applying for a VISA or Permanent Resident Card (Green) in the US, there are number of legal hoops that must be jumped through in order prove eligibility for entry into the country. Failure to pass these checks will result in a return of “inadmissible” from US immigration Services. Meaning that you or your loved one cannot apply for a green card of visa.
In the event you or someone you love has been ruled “inadmissible” by the US Immigration and Nationality Act (INA) Section 212(a), this is typically done so because of various crimes, diseases, past immigration violations, or if the candidate is deemed likely to need government financial assistance. The most significant cause for being ruled as such is crime. Immigrants with a criminal record back home truly have a difficult time immigrating into the US.
Does this mean everyone who’s ever been convicted of a crime is “inadmissible?” In no way is this true. In fact, a large part of this post will cover the types of crimes that make one inadmissible. However, that doesn’t mean such a criminal record won’t cause other legal issues once you are in the US. If the VISA or Green Card holder commits the type of crime in the US that would make them inadmissible, they may be ruled that as a result and thus be deported.
Before going over the list of crimes that can disqualify you, let’s talk for a moment about how Immigration Services actually discovers immigrants’ foreign criminal records.
How US Immigration Services Discovers Immigrants’ Criminal Records
When applying for a Green Card or VISA, US Immigration Services will ask you if you’ve ever been convicted of a crime. It’s not a good idea to lie here because what happens next is they fingerprint you and check with the criminal records of your native country. If discrepancies are found – all chances at immigration into the US are virtually gone.
This puts those with a criminal record in a worrisome position. The best way to handle this if you or someone you love is an immigrant who has a criminal record, don’t start by going to US Immigration services. Start by hiring an experienced Immigration Attorney who, like myself, knows the law and the immigration process. One who can both help you determine if you are eligible for normal entry, if you qualify for a waiver of any such admissibility, and could also aid in the filing of Immigration Forms and/or Waivers to ensure you have your best shot at securing entry into the US.
Crimes on the Statutory List
Before I go, I want to leave you with the list of crimes on the INA’s Inadmissibility list. Even if you or your loved one was only accused of one of these crimes and not actually convicted, your admissibility into the US may still be in jeopardy. So if you or anyone you love is seeking a VISA or Green Card and has been accused or convicted of any of the following, talk to an immigration attorney before beginning your process. They’ll help you review your options so that you make the best decision on how to proceed with immigration.
Still Have Questions About Immigration?
Simply put, if you or a close member of your family has been convicted of any of the crimes on this list, you should consult an experienced and reliable attorney who has made it his business to help people seeking opportunities in the US. If you are facing possible inadmissibility on your Green Card or Visa application, look no further than the Law Offices of Yoel Molina. Yoel has years of experience assisting people just like you with their American Dream. Give our office a call and we’d be happy to discuss your legal needs and concerns.