§ 3.4 Crime-related Inadmissibility Grounds

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 3.4 CRIME-RELATED INADMISSIBILITY GROUNDS

The area of crime-related inadmissibility law is one of the most important parts of immigration law for a criminal defense attorney to know. A conviction is required for only one of these crime-related grounds of inadmissibility (see § 3.4-4 (multiple convictions)); the other grounds require merely the commission of a crime, whether the nonciti-zen was convicted or not. See 8 USC § 1182(a)(2). A dismissed charge may be cause for celebration. However, at a future date, the arrest and the dismissal of the charge may be grounds to deny the noncitizen, including a lawful permanent resident, entry into the United States after even a short trip abroad.

Furthermore, a noncitizen might be convicted of a crime for which he or she cannot be deported but that would make the noncitizen inadmissible to the United States if he or she left the country. See § 3.12 (postconviction relief statute of limitations).

EXAMPLE: A noncitizen is convicted of theft in the first degree after 10 years of legal presence in the United States. He receives a sentence of nine months in jail. He is not deportable for committing a crime involving moral turpitude (CIMT), because he did not commit the CIMT within five years of admission. 8 USC § 1227(a)(2)(A)(i); see § 3.3-1(a). Nor is he deport-able for committing an aggravated felony, because he was sentenced to less than one year in jail. 8 USC § 1101(a)(43)(G); 8 USC § 1227(a)(2)(A)(iii); see § 3.3-2. However, if he departs the United States and attempts to reenter, he will be inadmissible. 8 USC § 1182(a)(2)(A)(i)(I); see § 3.4-2 (crimes of moral turpitude).

In § 3.4-1 to § 3.4-5, the chapter offers only an overview of the grounds for inadmissibility of which a criminal defense attorney should be aware.

§ 3.4-1 Health-Related Admissions in Criminal Proceedings

Certain health-related grounds can render a noncitizen inadmissible to the United States. 8 USC § 1182(a)(1)(A). This includes having a physical or mental disorder that poses a threat to the property, safety, or welfare of the noncitizen or others. It also includes having had a physical or mental disorder and a history of behavior associated with the disorder that is likely to recur or lead to other harmful behavior. Being a drug abuser or addict is another ground of inadmissibility. 8 USC § 1182(a)(1)(A)(iii)-(iv).

PRACTICE TIP: The criminal defense attorney should help the noncitizen client to avoid admitting to any of the conditions

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