Criminal Inadmissibility: When a Charge or Conviction Can Block a Visa or Green Card
Criminal history can trigger inadmissibility even when a case seems minor or “closed.”
The key question is not just what happened—it’s how immigration law classifies it, whether
it fits a specific inadmissibility ground, and whether a waiver is available.
inadmissibility depending on the statute, the record, and how the offense is categorized. Before filing
anything, the case should be screened for:
- What the statute says (not just the charge label)
- What the final disposition is (conviction vs dismissal vs deferred program)
- Whether a waiver exists (and what standard applies)
If you’re trying to understand the overall framework first:
Grounds of inadmissibility →
What makes a case “criminal inadmissibility” in immigration law?
Criminal inadmissibility generally means a person is barred from receiving a visa, entering the U.S.,
or obtaining a green card because their criminal history fits a specific inadmissibility ground.
Some grounds are waiver-eligible; others are not. The analysis is technical and fact-specific.
Official references:
USCIS Policy Manual (Vol. 8 — Admissibility)
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Immigration and Nationality Act (INA)
Common criminal issues that raise inadmissibility concerns
These are frequent “trip wires” in family-based and consular cases. Whether any of them applies depends on the
statute and disposition, not just the charge name.
fraud-related offenses, or certain violent offenses. The exception rules can be tricky and should be screened carefully.
in criminal court. These issues are high-risk in consular processing because the visa officer may refuse the case
until the inadmissibility and waiver posture are resolved.
screening should happen before resolving a criminal case when possible.
misrepresentation exposure in addition to criminal inadmissibility.
Waiver pathways (and what they are not)
Some criminal inadmissibility grounds may be waiver-eligible, often through an I-601. Others are not.
The correct waiver depends on the ground and procedural posture. This is where people lose months (or years)
by filing the wrong thing.
is driven by the specific ground, qualifying relative rules, and discretionary factors.
Some cases involve both criminal issues and prior removal history, requiring separate filings.
High-risk mistakes in criminal inadmissibility cases
These are common failure points, especially in marriage-based cases moving toward consular processing.
That’s why record review matters before filing.
denials, delays, and credibility issues.
check the overstay/unlawful presence analysis early.
FAQs: Criminal Inadmissibility
Does a DUI automatically make someone inadmissible?
create a separate inadmissibility ground. A screening is still recommended before filing.
If my case was dismissed, can it still matter?
interacts with other grounds (including fraud/misrepresentation or prior immigration history).
Can criminal inadmissibility be waived?
exact ground and your procedural posture.