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US Waiver Inadmissibility: Crimes That Make You Inadmissible to the US and Types of US Waivers

Jennifer Ross by Jennifer Ross
May 31, 2022
in National
US Waiver Inadmissibility: Crimes That Make You Inadmissible to the US and Types of US Waivers
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If you have a criminal record, it will be really difficult for you to cross a border in countries like the US and Canada. There are various criminal offenses that can lead to your inadmissibility to the United States. However, under certain conditions, you can apply for a Pardon Applications US Entry Waiver that lets you cross the border and stay in the country as any other admissible Canadian citizen. 

Below we have mentioned the list of all the crimes that make you inadmissible to the United States. These crimes include but are not limited to the following:

Crimes of Moral Turpitude: 

Crimes of Moral Turpitude are more severe crimes that surpass the general human decency or a morally accepted action and include wickedness or sinfulness. These crimes tend to be frustratingly vague and have a huge impact on your immigration status and your ability to cross the border. 

The most common examples of Crimes of Moral Turpitude are listed below:

  • Assault with a weapon
  • Assault causing bodily harm or attack with an intent to cause harm
  • Passing bad checks
  • Burglary
  • Theft
  • Sexual Assault
  • Aggravated Assault
  • Laundering, abetting, or aiding monetary instruments
  • Child abuse
  • Prostitution 
  • Commercial vice
  • Trespassing with an intent to commit a crime
  • Involvement in illicit drug trafficking
  • Human Trafficking

Other crimes that can make you inadmissible to the States include: 

  • Receiving financial or any other benefit from illicit activities, and the person was aware of where the money was coming from. 
  • A severe criminal activity where the person received immunity from the prosecution
  • Convictions of two or more crimes where the prison sentence was five years or more. 
  • Being deported from the US previously and trying to enter again illegally

Types of Waivers:

Based on your criminal record and the charges that need to be waived, the type of waiver you will need will vary. Here are some of the most common types of waivers:

Waiver of Unlawful Presence: 

The waiver of unlawful presence is applied to those individuals who stayed in the US with an invalid or expired visa for more than 180 days. You can only qualify for this waiver if you can prove that you are either a spouse or parent of a legal permanent resident or a US citizen. You will also have to prove that your inability to stay in the country will cause extreme hardship to that citizen. 

Waiver After Prior Removal

If you have been previously deported from the US and wish to apply for the waiver before the statutory timeframe then you will have to apply for a waiver after prior removal.

Waiver of Crimes of Moral Turpitude

As discussed above, if you were involved in crimes of moral turpitude then you would be automatically inadmissible to the United States. To apply for this waiver, the applicant must have to prove that they have been living in the states for seven or more years and that they are a spouse, child, or parent of a legal permanent resident or a citizen of the US. They will also have to prove that their inability to stay in the country will cause extreme hardship to the citizen.

Waivers for Crimes More than 15 Years Old

Individuals who were indulged in criminal activity more than 15  years ago can apply for this waiver. To apply, the individual will have to prove that they were convicted of an aggravated felony more than 15 years ago and hadn’t done anything illegal since. They should also prove that they are living in the US legally for more than 15 years.

Waiver for Possession of Marijuana

If you were found in the possession of marijuana then you can apply for this waiver. The individual must be lawfully residing in the country for more than seven years and is a parent, child, or spouse of a legal US citizen or permanent resident. 

All the above-mentioned waivers are available for those individuals who are in removal proceedings or applying for an immigrant visa or adjustment of status

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