Q: What does it mean for a crime to be considered “grounds for inadmissibility”?
A: A “grounds for inadmissibility” crime refers to something that disqualifies you from obtaining or renewing a green card or visa. It can also prevent reentry for a green card holder at airports or other ports of entry. It does not matter whether the crime occurred inside or outside the United States.
Q: What types of crimes restrict a green card?
A: The following types of crimes can restrict or bar you from obtaining a green card or visa:
- Crimes Involving Moral Turpitude (CIMT)
These are crimes involving moral turpitude, such as fraud or theft. If someone received a conviction solely for political reasons, it is excluded. However, there are two exceptions through which someone might still be permitted entry despite a CIMT:- If the offense occurred before the individual turned 18 and more than five years have passed since they were released from any resulting confinement, they may still be eligible for a green card.
- If a CIMT is considered a “petty offense” for which the maximum possible sentence does not exceed one year and the actual imprisonment was six months or less, the person may not be deemed inadmissible for this single offense.
- Drug-Related Crimes
Even possession of less than 30 grams of marijuana is grounds for inadmissibility. However, a waiver can sometimes be requested for this. - Multiple Convictions
If someone has multiple convictions with total sentences adding up to five years or more, they may be deemed inadmissible. This can apply even if the sentences were imposed concurrently or over multiple trials. - Mere Suspicion of Drug Trafficking
Even without a formal conviction for drug trafficking, if a consular or immigration officer believes an individual engaged in drug trafficking, assisted in it, conspired to commit it, or aided and abetted it, that person is included. Additionally, if the spouse, son, or daughter benefitted from drug trafficking within the last five years—knowing or having reason to know about it—they may also face inadmissibility. - Prostitution
Anyone who has engaged in prostitution within the last ten years is inadmissible. Not only those who engage directly in prostitution, but also those who arrange it, profit from it, or intend to work in prostitution or a similar business in the United States are inadmissible. - Claiming Immunity from Serious Crimes
If someone committed a serious crime in the U.S. but claimed diplomatic or other immunity to avoid prosecution, left the country without facing the U.S. court system, and never returned for trial, they are inadmissible. - Violation of Religious Freedom
Individuals who, while serving as officials of a foreign government, were involved in particularly severe violations of religious freedom may be deemed inadmissible. - Human Trafficking
Human trafficking includes smuggling people into the country, or bringing people in for unlawful purposes. Anyone who has conspired, assisted, or abetted trafficking is also included. Similar to drug trafficking, if a spouse or child (within the last five years) knew or should have known that they benefited from trafficking proceeds, they may be deemed inadmissible. However, a child who was a minor at the time may be exempt. - Money Laundering
Not only the main perpetrator but also anyone who has instructed, assisted, conspired, or aided in money laundering is included.
Q: Is there a waiver (form of relief) if someone has grounds of inadmissibility?
A: Yes. Although not all crimes are eligible for a waiver (murder or torture crimes are typically excluded), it is possible in some cases to apply for and receive a waiver under certain conditions. The following crimes can be waived:
- A single conviction for simple possession of less than 30 grams of marijuana.
- Crimes Involving Moral Turpitude.
- Prostitution.
- Multiple offenses leading to an aggregate sentence of five years or more.
- Serious crimes committed in the U.S. for which the individual claimed immunity, left the country, and never faced U.S. justice.
Q: How do I apply for a waiver?
A: To request a waiver, you must demonstrate one of the following:
- Fifteen years have passed since the commission of the crime (excluding prostitution), and granting admission would not be contrary to the welfare, safety, or security of the United States. You also must show evidence of rehabilitation and that you have become a “new person.”
- If you are the spouse, parent, or child of a U.S. citizen or permanent resident, you must prove that denial of your green card would cause them “extreme hardship.”
- You are filing under VAWA (Violence Against Women Act).