In general, individuals with a prior criminal record who have not filed a Waiver Application are inadmissible to the U.S. However, there are certain situations where an individual with a prior criminal conviction remains admissible to the U.S., even though they have not filed a Waiver Application.
The main exception to the general rule is referred to as "The Petty Offense Exception." This section of the Immigration and Nationality Act provides that an alien remains admissible to the U.S. if (1) they have only been convicted of one offense; (2) the maximum penalty for the offense was less than one year; and (3) the actual sentence imposed did not exceed six months. If you have a prior criminal conviction which meets all three of these prongs, you should be admitted to the U.S. without having to file a Waiver Application.
Unfortunately, even though your conviction may qualify as a "Petty Offense," Customs and Border Protection (CBP) may still refuse your entry based on your prior incident. This can occur because CBP does not have all of the information related to your prior offense in their system. Thus, you may be refused entry and required to prove that your offense was in fact "Petty" before being admitted to the U.S. If you cannot prove that your offense was "Petty," you may be required to file a Waiver Application despite being admissible to the U.S.
Although a Border Official might tell you that you need to file a Waiver Application, this is not always the case. You do not want to file a Waiver Application if your prior conviction is a "Petty Offense," because you will have to pay an unnecessary $585 filing fee and will have to renew the Waiver once it expires. Thus, if you have reason to believe that you are being refused entry based on a "Petty Offense," you should consult with an attorney to determine if you are admissible to the U.S.
The main exception to the general rule is referred to as "The Petty Offense Exception." This section of the Immigration and Nationality Act provides that an alien remains admissible to the U.S. if (1) they have only been convicted of one offense; (2) the maximum penalty for the offense was less than one year; and (3) the actual sentence imposed did not exceed six months. If you have a prior criminal conviction which meets all three of these prongs, you should be admitted to the U.S. without having to file a Waiver Application.
Unfortunately, even though your conviction may qualify as a "Petty Offense," Customs and Border Protection (CBP) may still refuse your entry based on your prior incident. This can occur because CBP does not have all of the information related to your prior offense in their system. Thus, you may be refused entry and required to prove that your offense was in fact "Petty" before being admitted to the U.S. If you cannot prove that your offense was "Petty," you may be required to file a Waiver Application despite being admissible to the U.S.
Although a Border Official might tell you that you need to file a Waiver Application, this is not always the case. You do not want to file a Waiver Application if your prior conviction is a "Petty Offense," because you will have to pay an unnecessary $585 filing fee and will have to renew the Waiver once it expires. Thus, if you have reason to believe that you are being refused entry based on a "Petty Offense," you should consult with an attorney to determine if you are admissible to the U.S.
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