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

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

successful i-130 dcf approval hcmc

Enterline and Partners Succesfully Expedites I-130 Petition with Direct Consular Filing at the U.S. Consulate in Ho Chi Minh City

Enterline and Partners is pleased to announce that our attorneys have successfully represented another client with Direct Consular Filing (“DCF”) of  an I-130 Petition for Alien Relative (“I-130 Petition”) at the U.S. Consulate in Ho Chi Minh City (“Consulate.”) Our clients, a U.S. citizen and Vietnamese citizen, approached us after the U.S. citizen received a job offer which required his immediate relocation back to the United States. Following our consultation session in which we thoroughly discussed how DCF is adjudicated as well as advising that it remains discretionary, the couple decided to proceed and engaged our office to file the initial DCF request. Our team worked diligently in gathering all of the required and supplemental documentation needed before the DCF request could be filed. Once everything was finalized, we submitted the request. Less than a week later, the Consulate approved our DCF request and scheduled the client to file the

Read more >
supreme court

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders.  In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

Read more >
form i0854

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End?  A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

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