Inadmissibility vs. Deportability
A determination of inadmissibility or deportability can have devastating ramifications for foreign nationals who are seeking entry into the United States or for non-citizens who would like to remain here. Simply put, a person who is deemed inadmissible cannot obtain a visa or green card to enter the United States, and individuals who are deemed deportable are subject to removal proceedings. Importantly, an individual can be considered inadmissible even if he or she is already in the United States.
While there are a number of reasons for which a person may be denied admission or deported from the United States, one of the most common is related to criminal misconduct. Fortunately, an attorney that is familiar with the way in which criminal law and immigration law interact (an area often referred to as “crimmigration”) can often help overcome any obstacles to entry and help non-citizens stay in the U.S.
What Offenses can make an Individual Inadmissible?
There is no exhaustive list of criminal offenses that may make a person inadmissible. One of the most commonly cited grounds for inadmissibility is the conviction or admission of a crime involving “moral turpitude.” This term is not specifically defined in U.S. law, but generally involves crimes involving dishonesty or deceit. Other offenses that could result in inadmissibility include the following:
- Drug violations
- Prostitution
- Multiple criminal convictions
- Money laundering
- Human trafficking
Importantly for individuals seeking entry into the United States, there may be a waiver available that may allow a person with a normally disqualifying criminal record into the United States. Because the rules related to obtaining a waiver of inadmissibility are extremely complicated, it is highly advisable for anyone considering applying for a visa or a green card to retain legal counsel as soon as possible.
Deportable Offenses
For non-citizens in the United States, a criminal conviction can often result is deportation through removal proceedings. Similarly to a determination of inadmissibility, convictions for crimes of moral turpitude can trigger deportation, as can offenses that are considered “aggravated felonies.” Importantly, deportation can result if an individual commits a crime of moral turpitude during the first five years he or she is in the United States or commits two crimes of moral turpitude that did not arise of from a single instance of criminal misconduct. Other kinds of offenses that may make a person deportable are listed in Section 237 of the immigration and Nationality Act, and include the following:
- Firearms offenses
- Illegal drug offenses
- Espionage
- Domestic violation
- Child abuse
For cases of deportation that are based on crimes of moral turpitude, there may be waivers available, so it is important for anyone facing deportation to talk to a lawyer as soon as they can.
Call our Office Today to Retain a Defense Attorney for Criminal and Immigration Cases
If you are a non-citizen residing within the United States facing a criminal case or are seeking entry into the country and are concerned that a criminal record may make you inadmissible, you should talk to an attorney immediately. To schedule a consultation with New Jersey criminal defense lawyer Ronald P. Mondello, call our office today or send us an email through our online contact form.
