Immigration Considerations and Court Martials.

A non-citizen will be denied admission to the US for a conviction or admitted commission of a Controlled Substance Offense, or if DHS has reason to believe the individual is a drug trafficker. There is no possibility of a waiver except for a single offense of simple possession of 30g or less of marijuana.

Conviction or admitted commission of a Crime Involving Moral Turpitude (CIMT) is a ground for inadmissibility. CIMT includes:

  • Crimes with an intent to steal or defraud as an element (e.g., theft, forgery)
  • Crimes in which bodily harm is caused or threatened by an intentional act, or serious bodily harm is caused or threatened by a reckless act (e.g., murder, rape, some manslaughter/assault crimes)
  • Most sex offenses

There is a Petty Offense Exception for one CIMT if the client has no other CIMT + the offense is not punishable > 1 year (e.g., in New York can't be a felony) + does not involve a prison sentence > 6 months.

Prostitution and Commercialized Vice Conviction of 2 or more offenses of any type + aggregate prison sentence of 5 years is also a ground for inadmissibility.

Immigration and court martial defense charges are an incredibly complex area of the law.  If you are dealing with potential immigration issues due to court martial charges, it is best to contact a defense attorney who understands and can advise you on both areas of law.

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