Automatically not inadmissible?

needcitizenship

New Member
Does anybody know what "automatically not inadmissible" means?

"Under the Petty Offense Exception, a noncitizen is automatically not inadmissible, on account of a conviction or admission of a crime involving moral turpitude, if all three requirements are met:
  • s/he has committed only one crime involving moral turpitude; and

  • s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and

  • the offense of conviction carries a maximum possible sentence of one year or less.
Thus, a person convicted of a misdemeanor first-offense CMT with a maximum of one year and a sentence imposed of six months or less is not inadmissible under the moral turpitude ground. There is no discretionary component to this rule, and the noncitizen need not seek a waiver of any kind. The statute creating this ground of inadmissibility simply has an exception."

Does this mean it's still possible to get denied admission on grounds of CMT?
 
Does anybody know what "automatically not inadmissible" means?

"Under the Petty Offense Exception, a noncitizen is automatically not inadmissible, on account of a conviction or admission of a crime involving moral turpitude, if all three requirements are met:
  • s/he has committed only one crime involving moral turpitude; and

  • s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and

  • the offense of conviction carries a maximum possible sentence of one year or less.
Thus, a person convicted of a misdemeanor first-offense CMT with a maximum of one year and a sentence imposed of six months or less is not inadmissible under the moral turpitude ground. There is no discretionary component to this rule, and the noncitizen need not seek a waiver of any kind. The statute creating this ground of inadmissibility simply has an exception."

Does this mean it's still possible to get denied admission on grounds of CMT?

To answer your last question - YES it is possible to be denied admission on CiMT grounds.

The text you posted describe a scenarion where someone will not be denied admission if their offense is minor enough to fit all three criteria.
 
Thank you, Britsimon. I wonder how likely it is to not be admissible. But I guess that's why I need a citizenship if I was to not take any chances.
 
Top