10 Oct Your admission to a crime involving moral turpitude and controlled substance violation may cause denial of visa at the Consulate
By Atty. Crispin Caday Lozano
Before going to your visa interview with the Consul at the U.S. Embassy, you should be aware that mere admission of committing a crime involving Moral Turpitude and admitting Controlled Substance violation may lead to visa denial. This is because there is a questionnaire in the Form DS 260 Application for Immigrant Visa asking “Have you ever committed a crime? and “Have you ever been a drug abuser or addict?
Under INA 212(a)(2)(A)(i) a foreign national is inadmissible to the U.S. if he or she has been convicted of, or admitted to, committing a crime involving moral turpitude, or a controlled substance violation. In this regard it is important to understand what actions constitute an “admission” to identify a client’s possible inadmissibility.
The procedure is governed by Foreign Affairs Manual 9 FAM 302.3-2(B)(4) which discusses admissions to crimes involving moral turpitude, specifying rules of procedure for eliciting admissions for crimes involving moral turpitude from visa applicants which have been imposed by the court and Board of Immigration Appeals decisions. Specifically, consular officers must abide by the following provisions regarding admissions:
- The crime committed by the applicant must appear to constitute moral turpitude based on the statute. It is not necessary for the applicant to admit that the crime involves moral turpitude;
- Before the actual questioning, the consular officer must give the applicant an adequate definition of the crime, including all of the essential elements. The consular officer must explain the definition to the applicant in terms he or she understands; making certain the explanation conforms carefully to the law of the jurisdiction where the offense is alleged to have been committed;
- The consular officer must give the applicant a full explanation of the purpose of the questioning. The applicant must then be placed under oath and the proceedings must be recorded verbatim;
- The applicant must admit all of the factual elements which constituted the crime; and
- The applicant’s admission of the crime must be explicit, unequivocal and unqualified.
In addition, 9 FAM 302.4-2(B) (4) discusses admissions to controlled substance violations, stating that a foreign national may be found inadmissible if he or she admits to the essential elements of a drug violation. Thus, informal statements of prior conduct to a consular officer at a visa interview do not constitute admissions for determining a foreign national’s admissibility. Please note that the Consulate may have proof of your past history of drug use by checking on your physical examination result. If this happen your best situation is to tell the consul that you have already been doing drug rehabilitation.
Note: This is not a legal advice.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
- For the week ending September 8, 2017, we received four N-400 Naturalization approvals.
- On August 31, 2017 we received an approval of adjustment of status for a client who problems with birth certificate which we corrected.
- On August 25, 2017, we received approval of I-751 removal of condition on same sex marriage/
- On August 18, 2017, we received two approvals for N-400 applications.
- On August 16, 2017, we received an approval of I-601A provisional waiver for a Mexican client.
- On August 10, 2017, we received a grant from the Immigration Court on a Motion to Terminate Removal Proceedings for a client whose criminal case we have dismissed in criminal court.
- On July 18, 2017, we received an approval of green card at the U.S. Embassy Manila for the family of a client who was granted a waiver of misrepresentation. His wife and children were approved after the court granted the waiver.
- On June 28, 2017, we received a withdrawal of inadmissibility and removability charges from the Customs and Border Enforcement for a client who was charged with drug case while he was entering San Francisco Airport from the Philippines. The case was withdrawn after we have expunged the drug case in Criminal Court.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)