Potential Grounds of Inadmissibility -

TN Visa Status / Green Card Applicants

 

Criminal-based grounds. INA § 212(a)(2).

Foreign citizens falling under the following criminal-based categories may not receive a visa or gain admission to the U.S. under any status, including TN visa status, except as otherwise provided:

1. Conviction of certain crimes.

  • Inadmissible: Any foreign citizen convicted of a crime “involving moral turpitude” (CIMTs). CIMTs cover a broad range of crimes that generally involve an element of fraud, larceny or intent to harm a person or thing.
  • Inadmissible: Any foreign citizen convicted of violating any law or regulation relating to a controlled substance.
  • Inadmissible: A foreign citizen who has admitted to commit acts which constitute the essential elements of these crimes. Also, a foreign citizen who has attempted or conspired to commit these crimes.
  • CIMT Exception: A foreign citizen may not be inadmissible based on a CIMT if:

a. The foreign citizen committed the crime when under 18 years of age, and the crime occurred (and the individual has completed any related prison sentence) more than 5 years before applying for the visa or admission to the United States; or

b. The maximum penalty possible for the crime did not exceed imprisonment for one year. Additionally, the foreign citizen must not have been sentenced to a term of imprisonment in excess of 6 months.

  • Waivers under INA § 212 (h) - For Green Card (Immigrant) Applicants Only:

a. CMIT: A green card applicant may apply for a waiver of the CMIT ground of inadmissibility if he or she can prove that the relevant crime occurred more than 15 years ago; admission to the U.S. would not be contrary to the national welfare, safety or security of the U.S.; and the foreign citizen has been rehabilitated.

b. Controlled Substances: A green card applicant may apply for a waiver of the ground of inadmissibility related to controlled substances if the violation was limited to a single offense of simple possession of 30 grams or less of marijuana. Must also prove the elements listed above.

c. Hardship to U.S. Citizen Waiver: If the foreign citizen is the spouse, parent, son / daughter of a U.S. citizen or lawful permanent resident, a waiver of both grounds is available if the foreign citizen can prove that his or her denial of admission would result in extreme hardship to the U.S. citizen or lawful permanent resident. Waiver also available for certain victims of domestic violence.

d. No Waivers: For murder; torture; or for lawful permanent residents who committed aggravated felonies, or who have not lawfully resided in the U.S. for at least 7 years prior to removal proceedings.

2. Multiple criminal convictions.

  • Inadmissible: Any foreign citizen convicted of 2 or more offenses for which the aggregate sentences to confinement were 5 years or more.
  • This ground applies regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct. There is no requirement under this ground for the offenses to have involved moral turpitude. This ground does not apply to purely political offenses.
  • Waivers under INA § 212 (h):

a. A foreign citizen may apply for a waiver of this ground of inadmissibility if he or she can prove that the relevant crimes occurred more than 15 years ago; admission to the U.S. would not be contrary to the national welfare, safety or security of the U.S.; and the foreign citizen has been rehabilitated.

b. Green Card (Immigrant) applicants: If the foreign citizen is the spouse, parent, son / daughter of a U.S. citizen or lawful permanent resident, a waiver of both grounds is available if the foreign citizen can prove that his or her denial of admission would result in extreme hardship to the U.S. citizen or lawful permanent resident. Waiver also available for certain victims of domestic violence.

c. No Waivers: For murder; torture; or for lawful permanent residents who committed aggravated felonies, or who have not lawfully resided in the U.S. for at least 7 years prior to removal proceedings.

3. Controlled Substances Traffickers

  • Inadmissible: Any foreign citizen who U.S. immigration officials know or have reason to believe is or has been an illicit trafficker in any controlled substance.
  • Inadmissible: The spouse, son, or daughter of a foreign citizen inadmissible under this ground who has obtained any financial or other benefit from the illicit activity within the previous 5 years.
  • Inadmissible: Anyone who had aided and abetted, or conspired in such trafficking.

4. Prostitution and Commercialized Vice

  • Inadmissible: Any foreign citizen coming to the United States to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status.
  • Inadmissible: Any foreign citizen who procures or imports persons for the purpose of prostitution within 10 years of the date of application for a visa, admission, or adjustment of status. Includes any foreign citizen who has received the proceeds of prostitution.
  • Inadmissible: Any foreign citizen who is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution.
  • Waivers under INA § 212 (h):

a. A foreign citizen may apply for a waiver of this ground of inadmissibility if he or she can prove that the relevant crimes occurred more than 15 years ago; admission to the U.S. would not be contrary to the national welfare, safety or security of the U.S.; and the foreign citizen has been rehabilitated.

b. Green Card (Immigrant) applicants: If the foreign citizen is the spouse, parent, son / daughter of a U.S. citizen or lawful permanent resident, a waiver of both grounds is available if the foreign citizen can prove that his or her denial of admission would result in extreme hardship to the U.S. citizen or lawful permanent resident. Waiver also available for certain victims of domestic violence.

c. No Waivers: For murder; torture; or for lawful permanent residents who committed aggravated felonies, or who have not lawfully resided in the U.S. for at least 7 years prior to removal proceedings.

5. Foreign Citizens Asserting Immunity from Prosecution

  • Inadmissible: Any foreign citizen who committed a serious criminal offense in the United States and who has exercised immunity from criminal jurisdiction and has departed from the United States, and who has not subsequently submitted to the jurisdiction of a United States court.
  • A serious criminal offense under this section means (a) any felony; (b) any crime of violence; or (c) any crime of reckless driving, DWI, or DUI. INA § 101 (h).
  • Waivers under INA § 212 (h):

a. A foreign citizen may apply for a waiver of this ground of inadmissibility if he or she can prove that the relevant crimes occurred more than 15 years ago; admission to the U.S. would not be contrary to the national welfare, safety or security of the U.S.; and the foreign citizen has been rehabilitated.

b. Green Card (Immigrant) applicants: If the foreign citizen is the spouse, parent, son / daughter of a U.S. citizen or lawful permanent resident, a waiver of both grounds is available if the foreign citizen can prove that his or her denial of admission would result in extreme hardship to the U.S. citizen or lawful permanent resident. Waiver also available for certain victims of domestic violence.

c. No Waivers: For murder; torture; or for lawful permanent residents who committed aggravated felonies, or who have not lawfully resided in the U.S. for at least 7 years prior to removal proceedings.

6. Foreign Government Officials & Violations of Religious Freedom

  • Inadmissible: Any foreign government official responsible for, or who has directly carried out, severe violations of religious freedom. See 22 USC § 6402.

7. Significant Traffickers in Persons

  • Inadmissible: Any foreign citizen listed in a Trafficking Victims Protection Act report.
  • Inadmissible: The spouse, son, or daughter of a foreign citizen inadmissible under this ground who has obtained any financial or other benefit from the illicit activity within the previous 5 years. Sons and daughters who were children when they received any benefits are exempt.
  • Inadmissible: Anyone who has aided and abetted, or conspired in the trafficking in persons.

8. Money Laundering

  • Inadmissible: Any foreign citizen who U.S. immigration officials know or have reason to believe is who a consular officer or the Attorney General knows, or has reason to believe has engaged in laundering of monetary instruments.
  • Inadmissible: Anyone who has aided and abetted, or conspired in the laundering of monetary instruments.

Revised March 5, 2008.