In addition to crimes involving moral turpitude and controlled substance violations, the following crimes can make someone inadmissible to the US:
- Any person convicted of committing two or more offenses for which the combined sentences to confinement were 5 years or more
- Any person coming to engage or who has engaged in prostitution within 10 years of the date of the application for admission
- Any person who commits or against whom there is reason to believe has committed alien smuggling
- Any person who commits or against whom there is reason to believe has committed or will commit money laundering
A conviction is only necessary in the first instance. However, a person can be denied admission because of reasons 2 through 4 above without a conviction. The officer’s belief that the person has committed these crimes is enough to deny admission. What’s even more troubling is that the officer’s belief of future commission of a crime can also cause the denial of admission.
Let’s consider the following situations:
Maria was convicted of committing two crimes and was sentenced to 3 years imprisonment for one of the crimes and to 4 years imprisonment for the other crime. Maria would be inadmissible because the combined sentences add up to more than 5 years.
Several years ago, during a trip to the US, Juan was arrested and charged with prostitution. The charges against Juan were dismissed and he returned to his home country. Recently, Juan traveled to the US with a tourist visa, but the Customs and Border Protection officer denied his request for admission because the officer believed, based on Juan’s prior arrest, that he was coming to the US to engage in prostitution.
Determining whether a crime will cause someone to be inadmissible to the US requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been charged or convicted of, or has admitted to committing, or could be suspected of having committed a crime, meet with an experienced attorney to discuss their options.
Contact Attorney Evelyn today to discuss any immigration issues you may be experiencing.