Criminal Convictions & Inadmissibility
Posted on Jun 28, 2016 7:55am PDT
If you are an immigrant who wishes to come to the United States for a temporary visit or to stay more permanently, first you must determine if you are "admissible" and therefore qualified to enter the United States. Your admissibility has much to do with your criminal record history.
If you have multiple (two or more) criminal convictions, you may not be allowed to enter the United States. According to U.S. Citizenship and Immigration Services (USCIS), any individual who has been convicted of two or more crimes cannot enter the United States if he or she was sentenced to five or more years (total) in prison.
This rule applies to individuals regardless if their crimes were extremely serious (of moral turpitude) or if they received multiple convictions from one incident of criminal behavior.
What is a crime of moral turpitude?
You may have heard that the U.S. does not admit immigrants who have been convicted of crimes of moral turpitude. This is because the U.S. government wants to protect its citizens and national security. But, what counts as a crime of moral turpitude?
In actuality, U.S. federal law does not have a definition for moral turpitude. Rather, the U.S. courts interpret it as an act that is inherently depraved, morally corrupt, vile, and one that goes against the rules of society.
Crimes of moral turpitude may include, but are not limited to:
- Rape
- Incest
- Murder
- Animal Fighting
- Child abuse
- Child molestation
- Human trafficking
- Sexual abuse of a child
- Sexual exploitation of a child
- Etc.
If you are interested in visiting the U.S., becoming a permanent resident, or applying for citizenship, you will need to ensure that you are admissible under U.S. immigration law. If you have two or more criminal convictions or have committed a crime of "moral turpitude," a consultation with an immigration attorney is highly recommended.
To find a qualified immigration lawyer who can help you, scroll through our immigration directory.