Criminal and Related Grounds of Inadmissibility

Waiver for Criminal and Related Grounds of Inadmissibility

Conviction of certain crimes

Any alien convicted of, or who admits having committed

  • a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

  • a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance is inadmissible.

Exception

  • the crime was committed when the alien was under 18 years of age, and 

  • the crime was committed more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, and 

  • the alien released from any confinement to a prison or correctional institution imposed for the crime, or

  • the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, 

  • if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Multiple criminal convictions

  • Any alien convicted of 2 or more offenses, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

Controlled substance traffickers

Any alien who the consular officer or the Attorney General knows or has reason to believe is or has been 

  • an illicit trafficker 

  • a knowing aider or conspirator with others 

  • in any controlled substance or in any listed chemical, or 

  • is the spouse, son, or daughter of an alien inadmissible under these circumstances, and 

  • Within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,

is inadmissible.

Prostitution and Commercialized Vice

Any alien who-

  • Is coming to the United States solely, principally, or incidentally 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,

  • Directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or

  • Is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,

is inadmissible.

Other crimes
Certain aliens involved in serious criminal activity who have asserted immunity from prosecution

Any alien-

  • Who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title),

  • For whom immunity from criminal jurisdiction was exercised with respect to that offense,

  • Who as a consequence of the offense and exercise of immunity has departed from the United States, and

  • Who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,

is inadmissible.

Foreign government officials who have committed particularly severe violations of religious freedom

Any alien who,

  • While serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22,

is inadmissible.

 

Significant traffickers in persons

Any alien who-

  • Commits or conspires to commit human trafficking offenses in the United States or outside the United States, or who the consular officer, the Secretary of Homeland Security, the Secretary of State, or 

  • Has been a knowing assister with such a trafficker in severe forms of trafficking in persons, is inadmissible.

Beneficiaries of trafficking

Any alien who 

  • The consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and 

  • Knew or reasonably should have known that the financial or other benefit was the product of such illicit activity

 is inadmissible.

 (I) Money laundering

Any alien who

  • A consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described relating to laundering of monetary instruments or

  • A consular officer or the Attorney General knows is, or has been, a knowing aider, assister with others in an offense which is described in such section;

is inadmissible.

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