Tagged #crimmigration
Every article we've published on this topic, sorted by the agency's own announcement date.
Controlled-Substance Inadmissibility and the 30-Grams-of-Marijuana Exception
INA §212(a)(2)(A)(i)(II) treats any controlled-substance conviction as inadmissible — with one narrow exception for a single offense of simple possession of 30 grams or less of marijuana. Here's how the exception actually applies.
Firearms-Offense Deportability Under §237(a)(2)(C): The 'Any Felony or Misdemeanor' Trigger and the Antique-Firearm Carve-Out
INA §237(a)(2)(C) makes a noncitizen LPR deportable for any firearms or destructive-device conviction — even a misdemeanor. Matter of Chairez-Castrejon sets the categorical analysis.
Crimes Involving Moral Turpitude After Silva-Trevino II: The Categorical Approach Is Back
The BIA's 2016 Silva-Trevino decision restored the categorical approach for CIMT determinations and rejected the realistic-probability fact-finding the AG had grafted on in 2008. Here's what that means in practice.
False Claim to U.S. Citizenship Under INA §212(a)(6)(C)(ii): The Catastrophic Ground With No General Waiver
A false claim to U.S. citizenship made on or after September 30, 1996, for any purpose or benefit under federal or state law, is a permanent inadmissibility and deportability ground — with no §212(i) waiver.
Crime of Domestic Violence Deportability Under §237(a)(2)(E): The Categorical Approach and the Domestic-Relationship Element
INA §237(a)(2)(E) makes a noncitizen LPR deportable for a single conviction of a crime of domestic violence, stalking, child abuse, or violation of a protective order. The categorical analysis is unforgiving.
Unlawful Presence: The 3-Year, 10-Year, and Permanent Bars Under INA §212(a)(9)(B) and (C)
Unlawful presence is the trap that turns an overstay into a decade of re-entry bars. Here's how the 3-year, 10-year, and permanent bars accrue, what tolls them, and where the waivers fit.
The Frivolous-Asylum Permanent Bar Under §208(d)(6): What Counts and How To Avoid Triggering It
A finding of frivolous asylum under INA §208(d)(6) permanently bars all immigration benefits. The standard from Matter of Y-L- is procedural and substantive — both sides must be litigated.
The Petty-Offense Exception to CIMT Inadmissibility: INA §212(a)(2)(A)(ii)(II) Done Right
A single CIMT can survive inadmissibility if the maximum possible sentence was a year or less and the actual sentence was six months or less. Matter of Garcia-Hernandez sets the math.
Aggravated Felonies: The §101(a)(43) Laundry List and the One-Year-Sentence Trigger
INA §101(a)(43) defines 21 categories of 'aggravated felony' for immigration purposes, and many turn on a one-year-or-more sentence imposed — not served. Here's how the trigger actually works.
Material Misrepresentation Under §212(a)(6)(C)(i): The Kungys Standard and the I-601 Waiver Path
Material misrepresentation differs from false claim to citizenship — it's waivable. Kungys defines materiality, and Form I-601 is the path. Here's how the analysis works.