Sometimes, immigration law and criminal law intersect, causing potentially severe immigration consequences for someone convicted of certain crimes. If you’re interested in immigrating to the United States, but you have been arrested or convicted of crimes in the past, you might be wondering if your record will affect your ability to get into the country. There are many different factors that determine whether an immigrant can enter the United States, including previous arrest and conviction records, immigration history, and moral character.

Read on to learn more about the different types of crimes that might make you inadmissible to the U.S., and how to go about getting your criminal record cleared so that you’ll be able to enter the country with ease.

Fraud and willful misrepresentation

This includes lying to gain a benefit or avoid a penalty. For example, if you lied about your income on an application for credit, or failed to report income when filing tax returns, it would constitute fraud and make you inadmissible to enter. Make sure you are being honest in all aspects of your applications for legal entry into the United States. The best way to ensure success is by choosing an experienced immigration attorney that can help you with all facets of entering America legally.

Aggravated felonies

Any criminal activity that carries a punishment of one year or more of incarceration. This can include burglary, theft, robbery, and assault. The language around aggravated felonies is broad, and there are examples that may surprise you. For example, embezzlement (stealing money) or knowingly possessing 5+ grams of cocaine makes you an aggravated felon in America. A common misconception is that you need to be sentenced to prison time for a conviction to be considered an aggravated felony; but that’s not always true.

Drug offenses

Of all crimes, those related to drugs are perhaps the most serious. Even having been caught with a small amount of marijuana could make you inadmissible. Additionally, being convicted for drug trafficking or possessing intent to distribute drugs will bar you from entering (or remaining) in the U.S. Your sentence must be over one year, but any amount of jail time counts towards it.

Crimes related to prostitution and commercialized vice

You can be denied admission to the U.S. if you have convictions for crimes related to prostitution and commercialized vice, including: Prostitution (including juvenile prostitution), patronizing a prostitute, pandering, white-slavery offenses, keeping a place of prostitution, or involvement in a business of prostitution. Immigration law requires you to have good moral character; engaging in prostitution or possessing child pornography are both violations of federal law.

Unlawful voting

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. Non-citizens can also be found inadmissible for voting if they encouraged noncitizens to vote unlawfully. Voting is an infraction; a state misdemeanor.

Criminal offenses relating to national security, terrorism, and foreign policy

National security, terrorism, and foreign policy are core concerns of U.S. immigration law. If you’ve been convicted of a crime involving these areas (like espionage), it’s unlikely that you will be able to enter or remain in the U.S.

Immigration Waivers Available for Some Crimes

Some crimes don’t absolutely prevent you from immigrating. If you can prove you won’t re-offend, the authorities may consider forgiving your crime and allow you to go forward with your application. Those who are willing to waive their right to these provisions of the I.N.A. should take a look at Section 212(h).

It is possible to receive a waiver for some crimes of moral turpitude; when a person has committed more than one crime. his criminal offenses ranged from prostitution and procurement of prostitutes, to simple possession of 30 grams or less of marijuana. In order to qualify for the waiver, applicants must do the following us waiver faq.

• Violations involving prostitution and violations that took place more than 15 years before the date of the applicant’s visa application are considered more serious than violations of which took place more recently.

• According to federal law, admitting the applicant to the United States would not have a negative effect on the welfare, safety, or security of the United States.