Can Crimes Make Immigrants Inadmissible to the United States?

Certain types of crimes can bar an immigrant from obtaining a nonimmigrant or immigrant visa by making them inadmissible. This means that even if the foreign national otherwise meets the qualification requirements, they will still be ineligible for a visa based solely on their prior criminal acts.

The Immigration and Nationality Act, otherwise known as the INA, provides a list of crimes or violations that can make someone inadmissible. Luckily, in some cases, you can apply for a waiver that would forgive your prior actions.

Waivers may be available for some of the most encountered criminal grounds of inadmissibility, such as: crimes involving moral turpitude, controlled substance violations, and multiple criminal convictions. It is important to note that not everyone qualifies for waivers and their adjudication is discretionary.

You will not be eligible for a waiver if you are inadmissible for crimes such as: drug crimes (other than a singular offense related to simple possession of 30 grams or less of marijuana), drug trafficking, murder, torture, significant trafficking of persons, money laundering, or having committed a particularly severe violation of religious freedom while serving as a foreign government official.

You will also need to establish one of the following requirements:

1. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security;

2. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;

3. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or

4. You are an approved VAWA self-petitioner.

As federal and state law do not always match, deciding whether a particular criminal inadmissibility ground applies and whether a waiver is available to you is a complicated process. If you think you need a waiver, consider consulting an attorney for help with your case.