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Inadmissible Offenses

Under certain conditions, any non-U.S. citizen, even with lawful status, can become inadmissible to re-enter the U.S.  Conviction(s) for certain crimes or types of conduct are considered “inadmissible offenses.”

Inadmissibility is a determination of whether specific immigration laws were violated – specifically § 212 of the Immigration and Nationality Act – preventing the lawful admission at U.S. port of entry and/or the Adjustment of Status to lawful permanent residency.

An inadmissible offense could also prevent one with legal status from re-entering U.S. after an international trip abroad. Admission into the U.S. is never guaranteed, even with an approved entry document or legal permanent residency.

Inadmissible offenses could prevent your admission, such as: a previous stay in the US without lawful status for 180 days or more; a prior arrest, conviction or deportation (even if since resolved), and known issues of fraud.
 

Inadmissible offenses also include:

Crimes Involving Moral Turpitude (unless misdemeanor with 6 months or less jail sentence)

Evidence of Prostitution, or other Commercialized Vice

Controlled Substance Conviction, or “reason to believe” non-citizen involved in Drug Sale/Trafficking

Conviction for any 2 or more crimes, with total of 5 or more years in prison

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Inadmissible offenses come in every shape and form, and it is very possible that you won’t know about them until you are denied an immigration benefit or reentry into the the United States. We have seen and handled many cases involving inadmissibility.

“I’m Already Here, Why Care If I’m Admissible?”

The concept of an admission to the United States is critical to U.S. immigration law.  Admissibility, or a prior legal admission into the country, determines eligibility for most immigration status, including: Adjustment of Status, the procedural rules that may apply in removal proceedings, and the availability to fight removal to stay in the U.S..

 

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WARNING: A finding of inadmissibility can have a tremendous impact on your immigration status now and in the future.

Even if you’re already here or since gained legal status, a criminal conviction that is considered an inadmissible offense will jeopardize your immigration benefits, as well as reentry into the country you call home.

As a non-U.S. citizen, it is crucial that you seek CrImmigration advice during a criminal proceeding, no matter how minor you might think your charges are. You might be charged with an inadmissible offense, and only an experienced CrImmigration legal team can strategically avoid immigration consequences.