Crime & Immigration
Other Crimes: Inadmissible
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.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Controlled Substance Violation: Inadmissible
A non US citizen is not admissible to the US if they fit one of the following categories:
- The individual has been convicted of violating a law relating to a controlled substance
- The individual admitted to violating a law relating to a controlled substance
- The individual is known to have been an illicit trafficker in any controlled substance
- There is reason to believe the individual has been an illicit trafficker in any controlled substance
- The individual received a financial benefit from a spouse or parent who is an illicit trafficker
Not all drugs are considered a controlled substance, only those included on the federal list of controlled substances, which can be found at 21 USC 802. For this reason, it is possible for a state controlled substance violation to not be considered a controlled substance violation for immigration purposes in certain circumstances.
Note that a conviction is not necessary and an individual seeking admission to the US may be denied the benefit if the officer knows or has reason to belief that the individual is or has been an illicit trafficker in any controlled substance. This is used to deny applications for admission by individuals that have been arrested for a violation of a law relating to a controlled substance regardless of the outcome of the case. Let’s consider the following situation:
Esteban is traveling to the US with a tourist visa. At the airport in Orlando, the Customs and Border Protection (CBP) Officer finds out that Esteban was arrested during a prior trip to the US and charged with trafficking in a controlled substance in federal court. The charges in Esteban’s case were dismissed.
The CBP officer can still determine that the arrest was enough to give him a reason to believe that Esteban has been an illicit trafficker in a controlled substance and deny him admission to the US.
Determining whether a crime is a controlled substance violation 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 that could potentially be a controlled substance violation, meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Ground of Inadmissibility: CIMT
Any person that is convicted of or admits to committing a crime involving moral turpitude (CIMT) is not admissible to the US. Immigration laws define a CIMT as (1) an act that is inherently evil or wrong by any society’s standard, or (2) conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between person or to society in general.
If you are confused, you are not alone. Here are a few things you should keep in mind when trying to figure out if a crime is a CIMT:
- Knowledge is usually a required element of the crime
- Specific intent is usually a required element of the crime
- An element of conscious disregard of a substantial and unjustifiable risk may make a crime a CIMT
- A crime’s classification as a misdemeanor or felony or the sentence imposed do not determine whether a crime involves moral turpitude
The following are examples of crimes that have been determined to be CIMT’s:
- Theft offenses, if they involve a permanent taking
- Crimes that have fraud as an element
- False statements made with the specific intent to deceive
- Murder and attempted murder
- Assault with a deadly weapon
- Possession of child pornography
- Trafficking in a controlled substance
Determining whether a crime is a CIMT requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been charged or convicted, or has admitted to committing, a crime that could potentially be a CIMT, meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
What does it mean to be removable?
Any person that is not a US citizen can be subject to removal from the US if they are found to be inadmissible or deportable.
Who is inadmissible?
Any person seeking admission to the US that is not allowed to because it is determined that one or more ground of inadmissibility applies is inadmissible. Sometimes this includes lawful permanent residents or green card holders.
Grounds of inadmissibility cover the following areas: Health, criminal, national security, immigration violations, and economic.
Who is deportable?
Any individual that was inspected and admitted to the US but that is now removable due to one or more grounds of deportability. This includes lawful permanent residents or green card holders.
Grounds of deportability cover the following areas: Persons that should not have been admitted to the US, immigration status violations, economic, national security/political, unlawful voting, and criminal.
Let’s consider two different scenarios:
Javier is a national of Chile and is traveling to the US with a tourist visa. At the airport in Orlando, the Customs and Border Protection officer finds out that Javier has a criminal conviction for trafficking in a controlled substance. Javier’s conviction is a ground of inadmissibility and he is denied admission to the US. Javier returns to Chile on the next available flight.
Armando, a lawful permanent resident, is conviction for attempted murder and sentenced to 10 years in state prison. Armando’s conviction is a ground of deportability and he will be placed in removal proceedings.
During this series, we will focus on the criminal grounds of inadmissibility and deportability, but keep in mind that there are many other reasons why someone would be denied admission to the US or would be deported after being granted admission.
Video: What does it mean to be removable?
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
