Conviction of a Crime of Moral Turpitude: A Bar to a US Visa

Last January, Robin Padilla shared a video of Mariel Rodriguez and their baby daughter in the United States. He was unable to join them because, despite being granted executive clemency last November, he still does not have a U.S. visa. Considering the recent conviction of businessman Cedric Lee for the kidnapping of his daughter with actress-singer Vina Morales, one has to wonder, does the conviction of a crime automatically disqualify a person from receiving a visa to the United States? 

The short answer is it depends on the crime. If the crime involves moral turpitude, then a person convicted becomes ineligible to receive visa to the United States and to be admitted therein. This provision is not just limited to a conviction. Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (INA) also expands the ineligibility to include persons who admits to having committed, or who admits committing acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime.

But who decides whether a crime involves moral turpitude? What are the standards to be applied in determining whether a crime involves moral turpitude?

Under Section 22.21(a) of the Code of Federal Regulations, the Consular Officer must determine whether the crime involves a moral turpitude against the moral standards generally prevailing in the United States. 

In the Matter of Cristoval Silva-Trevino (26 I&N Dec. 826 (BIA 2016), the Board of Immigration Appeals held that the term “moral turpitude” generally refers to conduct that is “inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.” It requires two essential elements: reprehensible conduct and a culpable mental state. 

However, pursuing the American dream is still possible for person who are ineligible under Section 212(a)(2)(A)(i)(I). Persons who are ineligible to receive a visa and to enter the United States may still be admitted if the Attorney General consents to the person’s applying or reapplying for a visa, for admission to the United States, or adjustment of status and a waiver is granted to them. Under Section 212(h) of the INA, the Attorney General may, in his discretion waive the application of Section 212(a)(2)(A)(i)(I). The waiver may be granted if it is established to the satisfaction of the Attorney General that: 

1. The admission to the United States would not be contrary to the national welfare, safety, or security of the United States; and

2. The alien has been rehabilitated.

If person who is ineligible under Section 212(a)(2)(A)(i)(I) is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence, then the person must establish to the satisfaction of the Attorney General that the alien’s denial or admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of the ineligible person. 

A person who is ineligible may also qualify for a waiver if they are a Violence Against Women’s Act self-petitioner. 

Despite the availability of the waiver for ineligible persons, Section 212(h)(2) states that no waiver shall be provided in the case of an ineligible person who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. 

If you or anyone you know have any questions relating to ineligibility in receiving a visa to the at the U.S. Embassy in Manila, please contact a U.S. immigration attorney for more information.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

K-1 Visa Problems!

Waiver of K-1 two year limit extreme hardship or violate/religious tradition. Or physically unable to fly married within 90 days.

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States.

There may be problems with this process, and I will try to help you understand them and what to do to fix them

The first and most likely problem comes with the K-1 Visa Interview Questions...

Reason #1 Insufficient evidence of a Bona Fide Relationship

These could be anything from your age difference to what vibe they feel during the interview.

Some items that may raise a red flag as to your relationship’s legitimacy:

• Engaged a very short time after meeting
• Huge age difference
• Different religions
• Severe difference in culture
• No common spoken language
• Very little physical time together
• Poor interview - such as deceptive responses or inconsistency

Reason #2 Fraud or Misrepresentation

As the law states:

Here are some examples we’ve seen of fraud and misrepresentation:

• Photoshopping or fake photos
• Falsified affidavits from friends and family
• Inconsistencies between application and evidence
• Applying for the wrong type of visa to intentionally circumvent the immigration process
• Not disclosing medical or criminal history
• Falsifying income

Reason #3 Unqualified

Here are a few examples we see related to this one:

• 2 year meeting requirement Applicant starts the petition qualified, but takes their time filling out the information, and by the time they file it 6 months later, they find , themselves out of the 2 year meeting requirement. Keep in mind the 2 year meeting requirement is from the date you file your petition with the USCIS.
• Income requirement Either the petitioner’s income changes for the worse during the application, or the numbers just don’t add up via the evidence and the income requirement can’t be met.
• Free to marry requirement Petitioner or applicant are in the process of a divorce or annulment when the application is submitted, however divorce or annulment isn’t finalized. If you’re already married, this disqualifies you from being eligible to marry.

What to do if you are denied for any of these reasons.

The first step is to figure out what went wrong which an attorney can help you. Sometimes no explanation is given especially if it is a subjective opinion of the interviewer. The most common is the lack of a bona fide relationship.

Here are the alternatives if denied either by USCIS or Embassy.

A. Appeal the denial at the USCIS Level.
Appealing the denial is one option provided that the denial occurs at the USCIS level. You have 33 days to file a form I-290B, Notice of Appeal or Motion. There is a non-refundable $630 fee. Whether or not your denial is overturned, this fee will not be returned.

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdrawal” and then file again. For many reasons, costs being one of them, this is a good option.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and re-submit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file.

B. Start over with the K1 visa process.
Wherever the denial stems, USCIS or Embassy, another common thing people do is start over from scratch by re-applying for the K-1 visa. Be aware that your previous denial could play into the whole scenario. If you do re-apply, you should do it with the knowledge of what went wrong so you can fix that this time around. Your goal is to leave no doubt in the government’s mind that your relationship is bona fide, and you are eligible for the visa.

I can help you to make sure you meet the government requirements. If you are truthful and we cover all the potential reasons for denial, we can get a good chance you’ll be approved. However, if you are from certain regions like western Africa or Jamaica, you may have a tougher time with the K-1 than the Philippines in my experience. We want you to succeed.

C. Get married and apply for a CR-1 visa.
Another route denied couples get is to just bite the bullet, get married outside the United States and apply for a CR-1 spousal visa. Getting married could overcome the challenge of convincing the officer that you are serious about your relationship. Perhaps the consular officers feel it’s less likely for people to commit immigration fraud on a spousal visa rather than a fiance visa.

Seeking a Waiver

A waiver is needed in the event that the petitioner is barred (i.e. a sex offense conviction under Adam Walsh Act). Here are the applicable sections of the K-1 law.

Extraordinary Circumstances Waiver. This is the waiver you will need if for example you were unable to travel/meet within the two year requirement. This may be due to illness or some extraordinary circumstance. In one case I had the US Citizen was in the Military and met his fiance while in the Philippines. They decided to marry after he left. Before they could arrange the travel he was stationed remotely where he could not bring his wife. The two year requirement could not be met for that reason and they got this waiver.

If you have ever been convicted of a violent criminal offense against a person or persons, USCIS will not grant a filing limitations waiver unless you submit evidence to demonstrate that extraordinary circumstances exist. In addition to evidence explaining the reasons for your multiple filings, you must also submit evidence of extraordinary circumstances. Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts reflecting the nature and circumstances surrounding your violent criminal offenses, your rehabilitation, ties to the community, or records demonstrating good conduct and exemplary service in the uniformed services.

Mandatory Waiver. If you committed violent criminal offenses against a person or persons, but were battered or subjected to extreme cruelty by a family member or intimate partner at the time you committed your violent offenses, and you were not the primary perpetrator of violence in the relationship, you may still be eligible for a waiver if USCIS determines that you violated a protection order intended for your protection; you were acting in self-defense; or you committed, were arrested for, were convicted of, or pleaded guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime committed and you having been battered or subjected to extreme cruelty. You must submit evidence explaining the reasons for your multiple filings, as well as evidence to support a finding that you qualify for a mandatory waiver based on being subjected to battery or extreme cruelty. Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts, evidence you acted in self-defense, evidence you were a victim of abuse or battery, evidence you violated a protection order intended for your protection, and any credible evidence that is relevant to your request for a waiver.

USCIS cannot approve your petition unless a waiver of the multiple-filing limitation is granted. *Obviously if you are in this category you need the help of an Attorney to ensure you get the best chance of waiver.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Pregnant Travel:What you need to know!

So you are pregnant and want to travel?

Getting travel visa if you are pregnant

While you may not plan on giving birth while traveling, you need to keep some things in mind, especially when doing your interview with the admitting U.S. Customs and Border Protection (CBP) Officer for travel to the USA.

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Most important, do not lie in your Interview!!! 

- Ryan Barshop, Atty.

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 Is this your goal?

Although there are no specific regulations prohibiting pregnant foreign nationals from entering the U.S., entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.

If the interviewer thinks Citizenship  is your only goal, expect the tourist visa to be denied. If your due date is before your planned return date, expect the tourist visa to be denied. If you say your due date is beyond your travel return, yet your baby bump looks like a watermelon in your belly, expect the Visa to be denied. 

So can you tell the truth that you want to go to USA to give birth, and get that approved?  Yes, you can, here are some reasons that might justify that. 

You may get approved even if you are near term if:

• Your spouse is a USA Citizen;
• You want to use USA Doctor or Hospital for medical reasons;
• You want to use USA Doctor or Hospital for personal or family reasons;
• You can afford (including insurance) to get the medical procedures done in the USA;
• Bottom line as long as you have a better reason that JUST USA Citizenship, you may be approved.

Also, Medical Tourism to the Philippines is common, but there is no advertised Medical Tourism to the USA so don't try to use that as a reason.

Best of luck, but to be safe consult and immigration attorney.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Visa Denied What's Next?

So you applied for a tourist Visa to the USA for your spouse, paid the fee, filled out the application and did the interview. Then you are told the Visa application was denied. Most likely cause is the interviewer determined there was insufficient reasons to determine the applicant would return to the Philippines.

What do you do now?

1. Contact an Immigration Attorney - They can review your application and analyze your interview and assist you in providing truthful and credible justification of the ties that were missed the first time
2. Re-apply - Yes fill out a new application and pay your fee. There is no limitation on when, but your immigration attorney should help you, to avoid possible mistakes in the first application and interview preparation.
3. Prepare for the interview - do NOT think you need to embellish or exaggerate. It may or may not be the same person to interview you, and the danger is that they may get suspicious if your story is radically different. Remember this is subjective so your job is to provide additional ties you may have missed the first time. Check the list of well known ties interviews are looking for.

The ties that bind

1. Business Ties - do you run a business, have employees or have operational control over some part of an ongoing business where your return is necessary?
2. Family Ties - do you have family members here that need you? Children alone may not be enough but dependents are a factor. Remember it is subjective and therefore it is the total impression.
3. Home Ties - Are you an active member of the community or church? These ties may be the most influential but they also may not have come up in the first interview when asked,"Why do you think you will return?"
4. Political Ties - Are you active in politics at any level? You may not want to tell others how active you are, you may not want it public. But if you are, that may be something you share with the interviewer.

Remember the interview is subjective, it is your job to convince the interviewer. Clearly if you did the first application on your own, this time do it better with the assistance of an Immigration Attorney!

Good luck!

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.