Can I be denied entry to the US because of a criminal conviction?

What the Law Says

Federal immigration law lists categories of people who are not allowed to enter or remain in the United States — these individuals are called 'inadmissible.' A criminal conviction is one of the most common reasons for inadmissibility.

Under 8 U.S.C. § 1182(a)(2), any alien convicted of, or who admits having committed, a crime involving moral turpitude (CIMT) is inadmissible — unless a narrow exception applies (e.g., the crime occurred when the person was under 18 and at least 5 years have passed since release).

The law also bars entry for anyone convicted of a violation (or conspiracy or attempt) relating to a controlled substance — regardless of the sentence or how long ago it occurred.

An 'aggravated felony' conviction — even if classified as a misdemeanor under state law — triggers mandatory inadmissibility and often permanent ineligibility for most forms of relief.

Multiple convictions also matter: an alien with two or more convictions (other than political offenses) for which the aggregate sentences totaled five years or more is inadmissible.

Some grounds of inadmissibility may be waived by the Department of Homeland Security, but waivers are unavailable for many serious offenses — including most aggravated felonies and drug trafficking convictions.

Statutory Text

Any alien convicted of, or who admits having committed, a crime involving moral turpitude… is inadmissible.

— 8 U.S.C. § 1182(a)(2)(A)(i)(I) — Crimes involving moral turpitude

Statutory Text

Any alien convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance… is inadmissible.

— 8 U.S.C. § 1182(a)(2)(A)(i)(II) — Controlled substance offenses

Statutory Text

Any alien convicted of an aggravated felony at any time is inadmissible.

— 8 U.S.C. § 1182(a)(2)(A)(iii) — Aggravated felonies

Statutory Text

Any alien convicted of 2 or more offenses… for which the aggregate sentences to confinement were 5 years or more… is inadmissible.

— 8 U.S.C. § 1182(a)(2)(B) — Multiple convictions

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