Is your criminal record preventing you from potential immigration benefits? Learn more about the Petty Offense Exception.
Denice Flores • August 15, 2024
Navigating U.S. immigration law can be frightening, especially for individuals with a criminal record. One crucial aspect of immigration law that provides some relief is the Petty Offense Exception. The Petty Offense Exception can significantly impact the eligibility of foreign nationals for various immigration benefits, including visas and green cards.
What is the Petty Offense Exception?
The Petty Offense Exception is a provision under U.S. immigration law that allows individuals who have committed minor crimes to avoid certain inadmissibility issues. Specifically, this exception pertains to crimes involving moral turpitude (CIMT), which are generally considered serious offenses for immigration purposes that could render a person inadmissible to the United States.
An applicant who has committed a CIMT may avoid being deemed inadmissible to the U.S. due to a single offense, if all of the following conditions are met:
- The person only committed one crime involving moral turpitude;
- The sentence imposed for the offense was 6 months or less; and
- The maximum possible sentence for the offense does not exceed one year.
The Petty Offense Exception is particularly significant for individuals who might otherwise face severe consequences due to their criminal record. Many people have made mistakes in their past but have since rehabilitated and integrated into society. The Petty Offense Exception offers a pathway for individuals with minor criminal convictions to pursue immigration benefits regardless of their criminal record.
If you have any questions or concerns about your criminal history and its impact on your immigration status or eligibility, contact our office and schedule a consultation with our experienced immigration attorneys.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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