Juvenile offense exception

In general, foreign nationals with a prior criminal record who have not received a Waiver document from the Admissibility Review Office are inadmissible to the U.S.  As discussed before, the most common exception to this rule is for a single "petty offense" which did not result in more than six months of jail time.

Under INA § 212(a)(2)(A)(ii)(I), there is also an exception for a single offense which was committed while the applicant was a juvenile.  To qualify, the alien must have been under the age of 18 at the time of the offense.  An important note is that this exception is only available if at least five years has passed since the alien committed the crime or was released from confinement, whichever is later.

Additionally, in Matter of Ramirez-Rivero, the Board of Immigration Appeals decided that an act amounting to juvenile delinquency did not constitute a crime for immigration purposes, and thus could not form the basis for inadmissibility.  To determine whether an act constitutes a “crime” or a “delinquent offense,” the individual seeking entry should consult the standards contained in the Federal Juvenile Delinquency Act.

If you have been refused entry to the U.S. based on a crime that was committed while you were under the age of 18, you should consult with an attorney to determine if you are admissible to the U.S.  You do not want to file a waiver application unless it is required, since the application costs $585 and can take a lengthy amount of time to process.  If you qualify for the petty offense exception, consulting with an attorney can help clarify your situation with USCIS and save you time and money in the long run.