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THE
ABC'S OF IMMIGRATION - WAIVERS FOR CRIMINAL GROUNDS OF INADMISSIBILITY
For many, many years, immigration law has provided a waiver if the
criminal act was a purely political offense.
This provision applies both if the immigrant was unfairly
targeted by the government for prosecution because of their race,
religion, or membership in a political minority, and if the immigrant
actually committed the offense, but did so to further a political
goal.
Waivers are available for a number of juvenile offenses.
A person convicted of a single crime involving moral turpitude
while under age 18 must be given a waiver if more than five years have
passed since the commission of the offense.
Repeat offenders are not eligible for this waiver, nor are
those who were convicted of more serious offenses.
The waiver is only necessary, however, if the juvenile was
prosecuted as an adult. By
law, a criminal offense committed before age 15 cannot render a person
inadmissible, and crimes committed between ages 15 and 18 will lead to
inadmissibility only if the person was tried as an adult.
Waivers are also available for so-called “petty offenses.”
It is available if the immigrant has been convicted of only one
crime, and the maximum possible punishment for the crime was not more
than one year in prison, and the immigrant was sentenced to six months
or less. The offense must
have been a crime involving moral turpitude, although the crime may be
either a felony or a misdemeanor.
Finally, there is a general discretionary waiver based on the status
of the immigrant rather than the crime.
The offenses coverd are crimes involving moral turpitude,
multiple criminal convictions, prostitution or commercialized vice,
assertion of immunity from prosecution, and simple possession of 30
grams or less of marijuana. There
are two ways to qualify for this waiver.
The first involves convictions either only for prostitution or
that are more than 15 years old.
Under the second, if the immigrant is the spouse, child or
parent of a US citizen or permanent resident, they may obtain a waiver
if they show that the denial of the waiver would result in extreme
hardship to the qualifying relative.
There are a number of people who are ineligible for this waiver.
Those convicted of murder, acts involving torture, and either
conspiring or attempting to commit those offenses cannot obtain a
discretionary waiver. Permanent
residents who have been convicted of an aggravated felony are not
eligible, nor are permanent residents who have living in the US for
less than seven years.
There are a number of other waivers dealing with very specific
situations, but these are seldom used.
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