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Ciminal record: Are you barred from entering the US?

There is often confusion regarding whether or not an individual would be deemed inadmissible to the US. The confusion tends to be over the type of crime committed and the sentences of such crime. Under US immigration law, an aggravated felony includes any crime described on the following list:
  • murder, rape, or sexual abuse of a minor
  • illicit trafficking in a controlled substance, including a drug trafficking crime
  • illicit trafficking in firearms, destructive devices, or explosive materials
  • money laundering (see 18 U.S.C. § 1956)
  • certain explosives and firearms crimes (see 18 U.S.C. § 842, 18 U.S.C. § 924, and 26 U.S.C. § 5861)
  • "crimes of violence," as defined in 18 U.S.C. § 16, for which the sentence imposed was one year or greater
  • theft or burglary offenses, for which the sentence imposed was one year or greater
  • making ransom demands (see 18 U.S.C. § 875 et seq.)
  • certain child pornography crimes (see 18 U.S.C. § 2251)
  • racketeering crimes, for which the sentence imposed was one year or greater
  • prostitution crimes, supervising prostitutes, or transporting persons across state lines for purposes of forcing them into prostitution
  • disclosing national security information
  • fraud on another person or against the government, where the amount of loss exceeds $10,000
  • alien smuggling
  • illegally entering or reentering the United States
  • passport fraud, for which the sentence imposed was one year or greater
  • failing to report to serve a prison sentence
  • bribery, counterfeiting, forgery, or trafficking in vehicles with altered identification numbers
  • perjury, tampering with witnesses, or obstruction of justice, for which the sentence imposed was one year or greater
  • failing to appear in court in relation to a criminal prosecution where the potential sentence is two years or more
  • any attempt or conspiracy to commit any of these offenses
An alien convicted of an aggravated felony may not:
  • receive asylum in the United States
  • become a citizen
  • subsequently enter the United States
  • have removal orders cancelled without specific authorization of the Attorney General
You can refer to the wikipedia listing for more information. You should also consult these previous posts: Can you claim the Petty Offense Exception? and Waivers of inadmissibility.

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  1. KonaDagMarch 3, 2008 at 3:16 PM

    I'm in the process of applying for my 3rd US Waiver, I've received 2 one year waivers in the past. To my surprise when I went to get my fingerprints done for the C216C form it was all done electronically through the office I went to (International Fingerprint Services Canada - www.policecheck.com).

    Also when I received a response from the RCMP, I was surprised to find a different form tan the normal C216 form that I've received in the past. Now it is a single sheet with my picture in the centre and imprints of my left and right thumb and index fingerprints. It also had an RCMP impression stamped into the lower right corner of the page.

    From what I can understand from the RCMP website this is their new practice to streamline the process of fingerprint identification. (see the 'April 1, 2008' section of this page; http://www.rcmp-grc.gc.ca/rtid/report_may2006_e.htm ). I really hope that Homeland Security is up on this as well because I don't want to send this in with $500+ only to find out they were expected my C216C.

    Does anyone have any information on this change to ease my concerns?

    ReplyDelete
  2. AnonymousMarch 29, 2008 at 2:31 PM

    Some information that I wanted to share with everyone caught up in this insane process.
    As of yesterday, I have been informed by the para-legal firm that I contracted for this application process that;
    "According to the Department of Homeland Security, waiver applicants looking for status who filed at land border ports of entry prior to August 26, 2007 should call that port directly and if you filed at Toronto Airport, the contact info is:

    Toronto Preclearance
    Lester B. Pearson International Airport
    P.O. Box 115
    Toronto AMF
    Toronto, Ontario, Canada L5P 1A2
    Port Director
    Phone: 905-676-2606"

    I trust this info will be useful for some.

    Best Regards,
    RPS

    P.S. - I am still watching for news updates on the Canadian teacher in Indiana.

    ReplyDelete
  3. AnonymousMarch 29, 2008 at 10:15 PM

    konadag:

    Thanks for the link to IFS - this seems a much better approach for getting an RCMP CRC than going to the local cop shop, and then mailing the fingerprint charts to the RCMP with a lengthy wait for a response. I'm also interested to know if the DHS will find this new form acceptable. I did the old route last summer when they needed a up to date CRC from me, and the guys at the Queenston-Lewiston crossing looked at the stamped C216 form I had, which was apparently in a new format, like it had come from outer space. You'd think they'd be more up to date on this stuff - I guess their superiors don't do a good job of providing them with updated information.

    ReplyDelete
  4. AnonymousMarch 29, 2008 at 10:18 PM

    rps:

    What's the DHS contact for waiver application status for waivers filed after that date? Any idea? Not that getting the status of your application generally does you any good - the process moves in its own good time, and they'll let you know if they want something more from you.

    ReplyDelete
  5. AnonymousApril 1, 2008 at 10:06 AM

    In response to your question re: the DHS contact for waiver application status for waivers filed after August 26, 2007, ry YYZ, I believe that would be the DHS email address posted previously in a comment elsewhere in this blog "INQUIRY.WAIVER.ARO@DHS.GOV".

    Perhaps if any other reader knows of any other contact info for inquiring on the status of a waiver application, they would be kind enough to post that info here as well.

    Thanks,
    RPS

    ReplyDelete
  6. KonaDagApril 1, 2008 at 2:04 PM

    I filed a couple of weeks ago at the Halifax airport pre-screening office with the new fingerprint form and they were totally aware of the new format. No problems.

    Remember that you need your A-Number along with your full name and DOB for any inquiry to the above mentioned email address.

    ReplyDelete
  7. US Waivers For CanadiansMarch 19, 2013 at 2:15 AM

    This is a good website for getting your waiver completed right away:

    US Waivers For Canadians

    ReplyDelete

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