By Brian Figeroux, Esq.

When applying for a B1/B2 visitor visa to the United States, applicants undergo a thorough evaluation to determine their eligibility. A significant aspect of this assessment involves examining the applicant’s criminal history. Certain criminal charges, even if dismissed, can render an applicant inadmissible or lead to a visa denial.

Crimes Involving Moral Turpitude (CIMT)

Crimes involving moral turpitude are offenses that gravely violate societal moral standards. Examples include fraud, theft, and assault with intent to cause serious harm. Even if a conviction is not secured, being charged with a CIMT can raise concerns during the visa application process. However, minor offenses may fall under the “petty offense” exception, which could mitigate their impact on admissibility. 

Controlled Substance Violations

Any involvement with controlled substances, including charges related to possession, distribution, or trafficking, is a serious concern for U.S. immigration authorities. Such offenses can lead to visa ineligibility, regardless of the outcome of the case. The U.S. maintains a strict stance on drug-related activities, and even dismissed charges can influence the decision-making process. 

Multiple Criminal Convictions

Applicants with multiple criminal convictions resulting in combined imprisonment of five years or more are generally deemed inadmissible. This holds true even if some charges were dismissed, as the cumulative effect of the convictions is considered. 

Other Grounds for Inadmissibility

Beyond the aforementioned categories, other criminal activities can lead to visa denial. These include, but are not limited to:

• Human Trafficking: Involvement in or conspiracy to commit human trafficking offenses.
• Money Laundering: Engaging in financial transactions to conceal the origins of illegally obtained funds.
• Espionage or Terrorist Activities: Participation in activities that threaten U.S. national security.

It’s important to note that even if charges related to these activities are dismissed, the mere association can raise red flags during the visa application process. 

Impact of Dismissed Charges

While a dismissed charge indicates that the individual was not convicted, U.S. immigration authorities may still consider the underlying conduct leading to the charge. The circumstances surrounding the arrest and the nature of the alleged offense can influence the assessment of the applicant’s moral character and potential risk to U.S. society.

Waivers of Inadmissibility

In certain situations, applicants deemed inadmissible due to criminal charges may apply for a waiver. The eligibility and approval of such waivers depend on various factors, including the nature of the offense, time elapsed since the incident, evidence of rehabilitation, and the purpose of the visit. It’s essential to consult with an immigration attorney to assess the viability of obtaining a waiver in specific cases. 

Conclusion

Applying for a B1/B2 visitor visa with a history of criminal charges, even if dismissed, necessitates careful consideration and preparation. Understanding the implications of various offenses and seeking professional legal advice can enhance the likelihood of a favorable outcome.