No provision for inadmissibility for gang members?

Question

Is there currently a provison for inadmissibility to the U.S. for gang activity ?? I saw that they were going to include this in alot of the recent immigration laws but they failed - so right now a gang member can get a visa?? I looked under the INA and nothing under 212! Wtf?

Answer 1

As far as I know, gang member is not yet included. BUT most gang members wouldn't be admissible for immigration for other criminal activity.

Here's the wording for persons inadmissible on form DS 230 for an immigration visa..

http://www.state.gov/documents/organizat...

"An alien convicted of, or who admits having committed, a crime involving moral turpitude or violation of any law relating

to a controlled substance or who is the spouse, son or daughter of such a trafficker who knowingly has benefited from the trafficking activities in the past five years; who has been convicted of 2 or more offenses for which the aggregate

sentences were 5 years or more; who is coming to the United States to engage in prostitution or commercialized vice or

who has engaged in prostitution or procuring within the past 10 years; who is or has been an illicit trafficker in any

controlled substance; who has committed a serious criminal offense in the United States and who has asserted immunity

from prosecution; who, while serving as a foreign government official, was responsible for or directly carried out particularly

severe violations of religious freedom; or whom the President has identified as a person who plays a significant role in a

severe form of trafficking in persons, who otherwise has knowingly aided, abetted, assisted or colluded with such a

trafficker in severe forms of trafficking in persons, or who is the spouse, son or daughter of such a trafficker who knowingly has benefited from the trafficking activities within the past five years."

Here's a definition or moral turpitude to give you an idea of what crimes make you inadmissible..

http://en.wikipedia.org/wiki/Moral_turpi...

So, that covers much of gang activity anyways..

Answer 2

yea they can. it's not like the Visa says "WARNING: GANG BANGER" on the back. Besides, when it comes to gangs they can't really do much to prevent them from traveling. Just take a look at 9/11 for example.