As a general rule, you are inadmissible to the United States if you have the following:
If you are inadmissible (ie. not allowed entry due to your criminal record), you must apply for a Waiver of Inadmissibility for legal entry to the United States.
When determining inadmissibility and applying the above rules regarding inadmissibility, you can ignore the following offences:
There are many classifications regarding inadmissibility. I will only mention the big ones as they relate to the most common criminal offences. They include:
There is an exception rule that states if you have only one excludable offence and it was tried summarily, then you will be exempt from inadmissibility, meaning the conviction will be ignored. Below t you will see an excerpt from the Immigration and Nationality Act which discusses the exception rule. The exception rule applies primarily to CIMTs or Crimes Involving Moral Turpitude, but there may be exceptions. This means the exception rule does NOT apply to drug offences (always) and it does NOT apply to most felony violence offences where intent to harm is evident, including sexual assault.
The exception rule states in loose terms that if you have a CIMT and the potential sentence does not exceed one year and you were not sentenced to more than 6 months in jail, you are not inadmissible. To check out your potential sentence, please check out the following link: Criminal Offence Penalty Chart
The above is general information and may not apply to your specific situation. Laws also change from time to time. For more information on inadmissibility as it relates to your specific situation, please contact us.Click Here to Contact Us