Which soil of inadmissibility does not only apply at wedding-based immigrant visas. Additionally means that some body going to the newest U.S. towards the, eg, an employment-depending immigrant visa or even the assortment charge lotto usually do not expect you’ll bring multiple partners together; while a spouse and you can small children are normally allowed to praise immigrant charge owners because the very-called “types.” That partner (the original mate) are the maximum.
New polygamy soil regarding inadmissibility does not particularly apply to people getting nonimmigrant visas (short-term visas such as to own B-2 anyone, F-1 college students, and you can H-1B expertise specialists). Still, you will find a concern regarding whether you intend to rehearse polygamy throughout the U.S. on one of chief State department versions getting nonimmigrant visas, the new DS-160. Whether or not you are not barred out-of a charge on this foundation, a “yes” answer could become a challenge if you decide to eventually use for You.S. lawful long lasting residence. (And responding illegally will be a great deal larger problem; look for legal counsel when you find yourself enduring how to address so it matter.)
Once again, browsing routine polygamy throughout the You.S. is not a bar to typing towards good nonimmigrant (temporary) charge, because you will be around just on a limited-title basis. Exactly what on the in reality bringing several partners together? Legislation lets just one companion for the Us because the an effective “derivative” into the top charge. Still, the newest U.S. consular administrator which reviews this new charge application in reality has the strength and you may discernment so you can approve even more mate(s) having a-b-2 invitees charge, when they if you don’t qualified and you may qualified. (See nine FAM -2(B)(3).)
If you want to arrived at the fresh U.S. once the an immigrant (with a green cards) consequently they are during the a good polygamous matrimony, the newest legal routes in order to taking more than one partner collectively is somewhat limited. Given that Foreign Factors Manual tends to make obvious, ” No waiver can be obtained to have immigrant charge individuals ineligible around I.Letter.A beneficial. 212(a)(10)(A)” (you to definitely as the area of the legislation naming polygamy as the a good floor of inadmissibility).
As mentioned more than, but not, U.S. laws really does ensure it is anyone in the good polygamous marriage getting supplied U.S. home using their earliest spouse. (The brand new You.S. State department particularly says one to inside the cases of polygamous marriages, meetme dating site review “just the first mate get qualify just like the a wife having immigration.”) The newest visa manage simply be issued into with the knowledge that people most other spouses would be deserted and that you will maintain no effective experience of all of them. (Select 9 FAM Section -2(B)(3).) Brand new presumption is apparently that the individual will give up its polygamous life so you’re able to go into the You.
And this students might be permitted to enter into while the accompanying immigrants are a separate question. Any students created of your own very first lover in the a beneficial polygamous matrimony normally be considered within the normal immigration concept of a child. (Observe how U.S. immigration laws talks of pupils on I.Letter.Good. § 101(b).) Pupils out of a lot more spouses might be able to accompany a father if they meet the requirements once the “legitimated students” otherwise “stepchildren.”
Will there be In any manner to obtain In the Bigamy Inadmissibility Bar?
For someone wishing to arrive at the new You.S. just like the either a keen immigrant or nonimmigrant however with bigamy towards list since the a crime, you’d must consult an attorney. The challenge could be whether or not there was a means to don’t let yourself be barred for having enough time a criminal activity out-of ethical turpitude (CIMT).
Like that, you’d no more be committing bigamy
In case the issue is just you eventually married without knowing that earlier in the day relationships was still legitimate, and have maybe not started convicted out-of a criminal activity, you could resolve the problem because of the signing a separation and divorce having the earlier companion.
