| The following article discusses criminal convictions and | | | | waiver. |
| the impact a prior conviction can have on a US visa | | | | In any American Immigration case, those with a criminal |
| petition. | | | | record are usually well advised to seek legal counsel |
| In the relatively recent past, US Immigration (also | | | | from a licensed US Immigration attorney as one's |
| referred to as USCIS) officers were not particularly | | | | criminal record could have a detrimental impact upon |
| concerned with an individual's criminal history so long as | | | | one's ability to petition for immigration benefits. The right |
| they were a US Citizen petitioning on behalf of a | | | | to legal advice regarding immigration matters for |
| foreign fiancee or spouse. With the passage of | | | | criminal defendants was recently enshrined in the |
| legislation such as the Adam Walsh Child Protection | | | | Supreme Court's decision in the case of Padilla v. |
| Act, the Illegal Immigration Reform and Responsibility | | | | Kentucky. The Court in that case ruled that a |
| Act (IIRAIRA), as well as the International Marriage | | | | defendant in the United States has a right to counsel |
| Broker Regulation Act (IMBRA) this laissez faire | | | | regarding the immigration ramifications of criminal |
| attitude changed. At present, an individual's criminal | | | | pleadings. Although this case preserves the right to |
| record could have a detrimental impact upon their | | | | counsel for criminal defendants whose plea could |
| ability to act as a Petitioner for a United States visa. In | | | | affect their lawful status in the USA, it also vividly |
| most cases, a waiver of some kind is required where | | | | illuminates just how important it is to receive |
| the Petitioner has been convicted of certain types of | | | | competent advice before making any decision that |
| offenses. This may also be true even if the Petitioner | | | | could have an impact upon later immigration |
| has committed relatively minor offenses, but | | | | proceedings. |
| committed multiple offenses so as to warrant a USCIS | | | | |