Certain acts render non-U.S. citizens inadmissible to the United States. The Immigration and Nationality Act ("INA") lists a variety of acts that render a person inadmissible to the United States. For a many of these acts, the determination is generally straightforward. However, with certain criminal convictions, the determination of inadmissibility requires more analysis and review of case-law. Therefore, when reviewing a person's case who has a criminal history, etc., an analysis must be done to determine whether the person is acutally inadmissible.
If the non-U.S. citizen is inadmissible, then he or she cannot travel to the United States until he or she obtains what is called a "waiver." Waivers to grounds of inadmissibilty are available for both nonimmigrant and immigrant visas. If you have a criminal history and may need a waiver before travelling to the United States, please do not hesitate to contact my office to discuss possible solutions.