06 Mar Visa denial based on your admission to a crime involving moral turpitude and controlled substance violation

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:

1.  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;
2. 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;
3. 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;
4. The applicant must admit all of the factual elements which constituted the crime; and
5. 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.

SUCCESS STORIES

1. For the week ending March 2, 2018, we received three Adjustment of Status, one Application to Remove Condition on Residence and one Renewal of Green Card approvals.
2. For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
3. On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
4. On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
5. On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
6. On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
7. On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.
8. On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
9. On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
10. On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
11. On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
12. 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).
13. 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.

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 (info@ccllaw.net / 1-877-456-9266)