Multiple Criminal Convictions (MCC)
DETAILS: Alien is inadmissible (under this ground) only if:
1. Purely political offense
2. Multiple offenses
FILING DATE RESTRICTIONS: None.
1. Under INA 212(h)(1)(B) – If:
2. Under INA 212(h)(2) – The terms, conditions, and controls, if any, are in the discretion of INS.
- the beneficiary is a spouse, parent, son, or daughter of a U.S. citizen or permanent resident and
- the beneficiary's denial of admission would result in extreme hardship to the U.S. citizen or permanent resident spouse, parent, son, or daughter.
NO SPECIFIC WAIVER:
Under INA 212(h)(2): –
1. If the criminal acts involve murder or torture.
COURT JURISDICTION: Under INA 212(h)(2) – No court shall have jurisdiction to review INS decision to grant or deny waiver.
- the alien has previously been lawfully admitted to the U.S. for permanent residence and
- since the date of such admission the alien has been convicted of an aggravated felony or
- the alien has not lawfully resided continuously in the U.S. for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the U.S.