Enterline & Partners Consulting | info@enterlinepartners.com

If You Are Convicted of a Crime, Will You Be Barred From Immigrating to the United States?

U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to immigrate to the United States. The most common CIMT offenses are fraud, larceny, or the intent to harm persons or things. Determining whether an offense is a CIMT is based on statutory conviction or admission which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the person was convicted or made the admission, particularly in the wording of the specific law that the foreign national was convicted under and not by the specific acts of the conviction.

If found to be inadmissible because of a CIMT, a waiver of inadmissibility may be available. When adjudicating a waiver, the U.S. Department of Homeland Security, will look to determine if any of the following elements exist:

  1. The criminal activities which rendered the foreign national inadmissible occurred more than 15 years before the date of the immigrant visa application; or
  2. The foreign national’s admission to the United States would not be contrary to the national welfare, safety, or security and the foreign national has been rehabilitated.

Waivers are not available for foreign nationals who have been convicted of (or has admitted to committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.

For more information on whether a certain crime is considered to be a crime involving moral turpitude, contact us to schedule a consultation session with a U.S. immigration attorney.

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated.  Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

Read more >

David Enterline speaks at IIUSA EB-5 Event in East Asia

Enterline and Partners Managing Partner David Enterline served as Panel Moderator for the IIUSA 2025 Passport Series: East Asia event held in October this year.  He moderated the panel “How to Evaluate and Select the Right EB-5 Project for Investors”. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members are responsible for the large majority of capital investment and job creation in the U.S. from foreign nationals investing and immigrating to the U.S. via the EB-5 Immigrant Investor Program.  David has been an active member of IIUSA since 2009. The panel consisted of experienced EB-5 stakeholders including Regional Center representatives, EB-5 lawyers and third-party promoters from various markets.  The panelists shared their knowledge, insight and thoughts on key factors when considering an EB-5 project to invest in.  If you are considering the EB-5 route to immigrate to the U.S. and

Read more >

What is a Form I-129F? Petition for Alien Fiancé Explained

A Form I-129F is a Petition for Alien Fiancé(e) filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen ages twenty-one (21) and above. Non-US citizens including lawful permanent residents are not able to petition a foreign fiancé(e). Form I-129F Requirements Before a U.S. citizen can file for his or her foreign fiance, they must have accomplished the following: How Much is the Form I-129F Petition Filing Fee? The current filing fee for a Form I-129F Petition is US$675. This fee is payable to the U.S. Department of Homeland Security with a credit card by using a Form G-1450 or ACH transitions with a Form G-1650. When is the Best Time to Submit a Form I-129F Petition? A Form I-129F Petition can be submitted at any time throughout the year. Once the petition is received by USCIS, it will be

Read more >
Vietnam
icons8-exercise-96 chat-active-icon