Criminal Defense of Immigrants


§ 10.71 1. Multiple Conviction Ground of Inadmissibility

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A noncitizen is inadmissible if s/he has been convicted of two or more offenses, other than purely political offenses, for which the aggregate sentences to confinement were five years or more.  See § 18.15, infra.[301]  Counsel can avoid this ground of inadmissibility by obtaining a sentence small enough that all aggregate sentences imposed for all offenses total less than five years.

[301] INA § 212(a)(2)(B), 8 U.S.C. § 1182(a)(2)(B).  It is not necessary that these offenses be crimes of moral turpitude, and does not matter whether the convictions resulted from one or more proceedings or schemes of criminal misconduct.  Ibid.