Aggravated Felonies
§ 2.17 A. In General
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Conviction of an aggravated felony is not at this time a ground of inadmissibility. However, an offense that is an aggravated felony often makes the person inadmissible under some other ground. For example, conviction of a drug trafficking aggravated felony is a basis for inadmissibility under the grounds relating to controlled substance conviction and the agency’s “reason to believe” that the person is a trafficker. However, if the aggravated felony conviction does not make the person inadmissible under any other ground, or if a waiver is available, the person may apply for admission. For example, a person convicted of a moral turpitude offense that is also an aggravated felony can attempt to waive the offense under INA § 212(h) under certain circumstances. See § 2.45, infra. A person who is deportable, but who is either admissible or inadmissible under a ground that can be waived, is eligible for adjustment of status[216] or immigration through U.S. consular processing abroad.
[216] Matter of Rainford, 20 I. & N. Dec. 598 (BIA 1992) (noncitizen can adjust although deportable under the firearms ground); Matter of Gabryelsky, 20 I. & N. Dec. 750 (BIA 1993) (noncitizen can adjust, although deportable, in conjunction with former INA § 212(c), 8 U.S.C. § 1182(c) waiver).
Updates
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RELIEF " CONSULAR PROCESSING " PROVISION UNLAWFUL PRESENCE WAIVERS
A practice advisory on provisional waivers of unlawful presence is available here: http://www.aila.org/content/default.aspx?docid=42954