An alien seeking permanent residency status in the US must be “admissible” to the US. Admissibility means the ability of an alien to receive a visa to enter the US or adjust status while in the US to obtain a permanent resident status under the US relevant laws and regulations. Section 212 (a) of the Immigration and Nationality Act enumerates the “inadmissible aliens” based on different grounds. Aliens may be denied a visa or admitted to the US for health-related reasons, criminal grounds, security and related reasons, among others.
Criminal ground is common reason for denial in an application for visa or green card. For instance, even if one is married to the US citizen, he can encounter difficulties in adjusting status if he is deemed inadmissible for certain past criminal acts. However, the law allows certain instances when one can file for a “waiver” of inadmissibility under certain instances. In filing a waiver, the alien are asking the US government to overlook your prior criminal acts and issue you a visa or green card despite of this fact.
Section 212 (a) of the INA cites the instances when a waiver is allowed involving criminal acts under certain conditions, as follows:
• Crimes involving moral turpitude (CIMT),
• Prostitution,
• Controlled substance violation of law related to a single offence of simple possession of 30 grams or less of marijuana,
• Unlawful commercialized vice, and
• Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.
Once the alien have established that his past criminal act is applicable for a waiver, he must establish one of the following:
• A qualifying relative, i.e., spouse, son, daughter, parent, of a US citizen or permanent resident, or the K visa petitioner will experience extreme hardship if the alien is denied,
• The alien is an approved VAWA self-petitioner,
• The alien has been rehabilitated, at least 15 years has passed since the activity or event that makes the alien inadmissible, and his admission to the US is not contrary to national welfare, safety, or security,
• If the alien’s past criminal action refers to participation in prostitution and he has been rehabilitated, and his admission to the US is not contrary to national welfare, safety, or security.
If you are contemplating of filing any immigrant or non-immigration application, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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