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WELCOME TO YOUR
SOLUTION
FOR IMMIGRATION WAIVERS, IMMIGRATION APPEALS, and VISA DENIALS.
This
section will outline the Grounds of Inadmissibility for immigration
purposes and also discuss Crimes of Moral Turpitude (CMT)
GROUNDS OF
INADMISSIBILITY
These are the grounds of
inadmissibility or grounds the government has that will prevent you
from entering the country
1.
Health related grounds (mental retardation was removed as a ground in
1990) and AIDS was removed in 2008, as well as grounds based on:
2.
Vaccinations;
3.
Physical and mental disorders;
4.
Drug abusers and addicts
(note:
you
don't have to be an addict to be disqualified here). These persons do
not have waivers available if this section applies to them; (please
note that many times a single offence can lead to inadmissibility)
5.
Someone likely to become a public charge (this is why Affidavits of
Support are important);
6.
People who have committed a crime of Moral Turpitude [again here the
definition of what 'is not' a crime of moral turpitude is easier that
'what is'; call us as soon as you have been charged]. (unless it is for
a petty offense [maximum penalty is one year in prison AND you were not
sentenced to more than 6 months]). The petty offense exception does not
apply if you committed more than one offense or if it applies to a
drug-related case;
By
the way...the government does not offer a clear definition of what is
or is not a Crime of Mora Turpitude. What falls and does not fall into
this category is subject to change. Contact our office at
1-877-223-4684 so that we can
ascertain what your offence is and we can help you understand whether
your crime fits into the Crime of Moral Turpitude section or not. This
is a very popular area for immigration lawyers as many crimes are
considered Crimes of Moral Turpitude. There are books written about
Crimes of Moral Turpitude. If you are unsure, take no chances here and
have a waiver created. An immigration appeal takes more than year
in most cases and will slow you down tremendously as well as preventing
you from traveling.
7.
Drug-related offences. If they believe or know that you are a
trafficker in any controlled substance or has reason to believe you are
or were as assister, abettor, conspirator or colluder in trafficking, that is sufficient. A
conviction is only necessary if they use the "reason to believe" part
of the statute. Also, if you are the spouse, son or daughter of someone
inadmissible for trafficking, you too are inadmissible if in the last 5
years you had any financial or 'other' benefit from the trafficking and
knew or reasonably should have known the benefit was due to the
activity;
Waivers
are available under certain circumstances for 30 grams or less or
marijuana. Foreign convictions require mental intent but American ones
do not.
8.
Two or More Offenses. However convicted, if the aggregate conviction is
for 5 years or more of confinement, even if suspended, brings you into
this section;
9.
Persons ordered Removed. If you have been deported or leave while
deportation is pending, you face 10 years away unless you have
permission to re-enter sooner from the AG (Attorney General). The case
you file is a 212 waiver (please do not simply fill out the form
without a legal brief. This is the legal equivalent of open-heart
surgery and should not be attempted as a do-it-yourself exercise);
10.
People who have overstayed by 6 months or 1 year; they are subject
to 3 and 10-year bars, respectively (this law took effect April 1st of
1997). This section kicks in, by the way, once you leave the country;
11.
If you are granted Voluntary Departure and do not leave, you will be in
a state of unlawful presence as of the date the Voluntary Departure
expires and you add on any unlawful presence you had before the
Voluntary Departure. However, if you are granted Voluntary Departure
after proceedings began, you will not be subject to the 3-year bar, but
will be subject to the 10-year bar;
CONTINUED
on the next page
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