Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States. Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even if the immigrant visa applicant was never convicted of a CIMT, an arrest or the mere admission of a crime may be enough to end the immigrant visa applicant’s journey for U.S. permanent residence and a green card.
Immigrant visa applicants who are unable to receive immigrant visa because of a criminal history may be eligible for an I-601 Waiver of Inadmissibility (“Waiver”).
In order to qualify for a Waiver, the immigrant visa applicant must meet one of the following requirements:
- Have a U.S. Citizen or Lawful Permanent Resident parent, spouse, or child who will suffer “extreme hardship” if the immigrant visa applicant is prohibited from immigrating to the United States;
- The criminal offense occurred at least 15 years ago and the immigrant visa applicant can demonstrate that he or she has been rehabilitated and visa approval is not contrary to the national interest;
- The only criminal offense committed involved prostitution and the immigrant visa applicant can demonstrate that he or she has been rehabilitated and visa approval is not contrary to the national interest.
Immigrant visa applicants living in Asia who have been refused due to their criminal history are encouraged to contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
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Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
