That it surface away from inadmissibility will not only apply at wedding-depending immigrant visas. it means that somebody visiting the brand new U.S. for the, eg, a work-depending immigrant visa and/or variety visa lotto never expect to bring numerous partners collectively; the actual fact that a partner and lesser children are generally speaking allowed to accompany immigrant visa holders since thus-titled “types.” One to lover (the original companion) may be the limit.
The newest polygamy surface of inadmissibility doesn’t particularly apply to candidates for nonimmigrant visas (temporary visas for example to possess B-dos men, F-step 1 youngsters, and you will H-1B specialization specialists). Nevertheless, you’ll find a question in the whether you want to train polygamy throughout the U.S. on a single of one’s head State dept. versions to have nonimmigrant visas, the latest DS-160. Even if you’re not banned of a charge about this basis, a beneficial “yes” respond to could become a problem if you decide to in the course of time incorporate to own U.S. legal long lasting household. (And you will responding illegally might possibly be a great deal larger disease; pick a legal professional if you find yourself enduring just how to respond to it question.)
Once again, going to routine polygamy cherry blossoms incelemesi regarding the You.S. is not a club so you can typing toward a nonimmigrant (temporary) charge, as you will be around just towards the a limited-title foundation. Exactly what on actually bringing numerous spouses with each other? The law lets only 1 partner into All of us given that a “derivative” towards no. 1 charge. Nonetheless, brand new You.S. consular administrator whom studies the newest charge software in reality contains the strength and discernment so you’re able to approve even more spouse(s) getting a b-2 guest visa, when they if not eligible and you can certified. (Find 9 FAM -2(B)(3).)
If you’d like to arrived at the fresh U.S. as an immigrant (with an eco-friendly cards) and are generally from inside the a great polygamous wedding, new courtroom routes so you can delivering one or more companion together is somewhat minimal. Because the International Activities Instructions helps make obvious, ” Zero waiver can be found to own immigrant charge applicants ineligible lower than I.Letter.A beneficial. 212(a)(10)(A)” (you to as the area of the laws naming polygamy since a great soil of inadmissibility).
As stated a lot more than, yet not, U.S. rules does allow some body during the a beneficial polygamous wedding to get offered You.S. residence due to their earliest companion. (This new You.S. State dept. particularly says one to inside the cases of polygamous marriages, “precisely the basic spouse can get meet the requirements as a wife to own immigration.”) The fresh new visa manage simply be issued to the with the knowledge that people most other partners would-be discontinued and that you will keep zero energetic relationship with all of them. (Look for nine FAM Point -2(B)(3).) The newest assumption seems to be your individual will give up its polygamous lives so you can enter the United states.
Which students will be permitted to get into as associated immigrants is a separate matter. People college students produced of the basic spouse from inside the a good polygamous relationships can qualify in normal immigration definition of an infant. (Observe U.S. immigration legislation talks of pupils from the We.Letter.A. § 101(b).) Children regarding a lot more spouses might possibly match a dad if they be considered because “legitimated college students” otherwise “stepchildren.”
Is there Any way locate Within Bigamy Inadmissibility Club?
For anyone hoping to arrived at the new You.S. once the sometimes a keen immigrant otherwise nonimmigrant but with bigamy on the listing since the a criminal activity, you would need speak with legal counsel. The problem might be whether there’s a way to don’t be prohibited in order to have committed a crime out-of moral turpitude (CIMT).
Like that, you’ll don’t be committing bigamy
When your concern is merely you occur to partnered lacking the knowledge of the previous wedding was still legitimate, and then have maybe not already been convicted out-of a crime, you could potentially solve the problem by finalizing a separation with the earlier partner.