Immigration and visa decisions often hinge on interpreting and applying complex laws and regulations. One such rule, defined under 9 FAM 305.3-3(A), focuses on ‘Crimes of Moral Turpitude’ as per the Immigration and Nationality Act (INA) section 212(a)(2)(A)(i)(I). This post provides a review of this section and the waiver options available under INA 212(d)(3)(A) for nonimmigrant applicants.
Understanding Crimes of Moral Turpitude
The term ‘Crimes of Moral Turpitude’ (CMT) pertains to acts deemed inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to society. Immigration authorities take CMTs seriously and may result in ineligibility for visa applicants, but waivers are available under certain circumstances.
Waiver Availability – INA 212(d)(3)(A)
For applicants who do not fall under the exceptions to ineligibility in INA 212(a)(2)(A), a waiver is available under INA 212(d)(3)(A). This is particularly applicable to nonimmigrant applicants. However, approval of this waiver request by the Department of Homeland Security (DHS) requires a favorable recommendation from either the visa applicant’s counsel or the Secretary of State. The factors that influence the decision to recommend a waiver include:
- The nature and date of the offense.
- Possible rehabilitation of the applicant’s character.
- The necessity or urgency of the proposed trip to the United States.
Remember, this waiver is not automatic and requires careful consideration of the factors above. Understanding the significance of these factors and tailoring the waiver request accordingly increases the chances of a favorable outcome.
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