Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"

Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) [“''INA''”]. Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)).  A person is also inadmissible to the United States if they commit two or more criminal offences whose convictions have an aggregate sentence of five years or more.  Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences.   

:'''NOTE:''' A conviction as defined in s 101(a)(48)(A) of the ''INA'' includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court.  This means that conditional discharges and suspended sentences would be considered convictions. Consult '''Chapter 18: Immigration Law''' for more information.