Did you know that the ink on your body could end up costing you a green card? According to Fox News, dozens of Latin Americans that have never been involved in a criminal trial or accused of an illegal offense have been denied their green cards. Their alleged problem is their tattoos, which have alerted and worried the U.S. Department of Immigration Services. According to the recent reports, this has been going on since 2006, when the government determined that some tattoos might come with gang affiliations. One man who was interviewed by the Wall Street Journal says that he was denied reentry into the United States because of his body art. The Latino says that he got a string of tattoos simply because he likes the way that they look.

He denies that any of his ink is out to promote a particular gang in anyway. This man, with the initials H.V., had to travel to Mexico from America because of an interview with the American consular officials in his former country. This necessary part of his permanent residency application was supposed to help him be one-step closer to a life in America as a legal resident. Yet when he tried to enter into America after the interview he was apprehended because of his body art. His particular tattoo included two masks that are side by side, depicting comedy and tragedy. This unfortunate immigrant had that image tattooed on his back. Yet he insists that he got the tattoo because he likes the dramatic arts. Because the symbol has various meanings, it could be interpreted a variety of ways. Theatre enthusiasts may also want the tattoo to show their love for their art form. However, it is also the prominent symbol of a Mexican gang, and the menacing faces are a pictorial depiction of the gang slogan “smile now, cry later.”

H.V. says that he doesn’t think it’s fair that “because he likes art they tried to put the mask of a bad person” on him. Many tattoos that are associated with Latin American gangs are not specifically designed for those gang members. This fact has helped many lawyers to fight denied applications that were merely based on person’s tattoo art. Even certain words or names may coincidentally coincide with gang-related codes, but some men and women may ask for a tattoo of the text for other reasons. The State Department says that it does not reject immigrants based solely on their tattoos, but individuals like H.V. would beg to differ.

H.V.’s wife and children are in Colorado, where he was hoping to return after his interview. Now, he has been stuck in Mexico for almost 8 months, separated from the people he loves most. Many immigrants try forcing their First Amendment Right when denied entry because of their tattoos. They say that they have a freedom of expression, and that they shouldn’t have to suffer because of a decorative tattoo that they chose for personal or preferential reasons. They also say that unless they are linked to a crime, there is no way to prove that they are even associated with a gang.

While the actual presence of the tattoos isn’t technically enough to deny application, the Bureau of Consular Affairs says that more attention is being paid to tattoos and charged as a reason to suspect gang affiliation. The American Immigration Lawyers Association recently brought up this issue with the consular authorities in Mexico City. They say that they have seen dozens of cases like H.V.’s where a person with tattoos was automatically believed to have an affiliation with a criminal organization. However these men do not have any other proof that they are involved in an illegal group. If you have been denied a visa application because of your tattoos, then you need to talk to an immigration attorney in your area for legal help.