Aggravated Felonies

            A person who has been convicted of an aggravated felony and ordered removed is permanently inadmissible, i.e., ineligible to seek lawful admission as an immigrant.[229]  A waiver is available at the Attorney General’s discretion if an application for readmission is granted.[230]  A waiver is also available for temporary visits.  See § 2.46(E), infra.  There is also a permanent ground of inadmissibility for those who seek to re-enter the United States illegally following removal.[231]  A waiver is theoretically available for a noncitizen seeking admission ten years after his or her last departure from the United States, but it is extremely difficult or impossible to obtain in practice, especially for a noncitizen with an aggravated felony conviction.[232]

[229] INA § § 212(a)(9)(A)(i), (ii)(II), 8 U.S.C. § § 1182(a)(9)(A)(i), (ii)(II).

[230] INA § 212(a)(9)(A)(iii), 8 U.S.C. § 1182(a)(9)(A)(iii).  In a recent unpublished decision, the Administrative Appeals Office granted a waiver to a noncitizen removed as an aggravated felon for a DUI conviction, which was later held not to be an aggravated felony.  Decision available at: http://www.lexisnexis.com/practiceareas/immigration/pdfs/web957.pdf (visited Jan. 27, 2006).

[231] INA § 212(a)(9)(C)(i)(II), 8 U.S.C. § 1182(a)(9)(C)(i)(II). Matter of Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006) (noncitizen who re-enters United States without admission after having been removed held inadmissible under INA § 212(a)(9)(C)(i)(II), 8 U.S.C. § 1182(a)(9)(C)(i)(II), even if s/he obtained Attorney General’s permission to reapply for admission prior to re-entering unlawfully).

[232] INA § 212(a)(9)(C)(ii), 8 U.S.C. § 1182(a)(9)(C)(ii).