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US Immigration Crimes Involving Moral Turpitude

Aliens who have been convicted of, or who admit to having committed, or who admit to committing acts which constitute the essential elements of a crime involving moral turpitude, other than purely political offences are excludable under INA §212(a)(2)(A)(i)(I). To be excludable based on an admission, an alien must voluntarily admit all of the facts which constitute the crime and it must be considered a crime under the laws where it occurred.

In your case, you did not mention the exact charge nor time since the offence. In short, if you have only committed on crime and it was served and years have passed you will be fine. The only offences which would lead to blanket ban are drugs related.

There are two types of waivers that apply to each grounds of inadmissibility:

one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Many people who are faced with an inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.

Therefore, I suggest you apply for your visa if rejected based on this rule you have good grounds to apply for a waiver.