If you travel to your home country and return to the United States with a brand new tattoo, immigration officials could deny you entry, even if you have a visa or green card. “The Immigration Service has this power,” explains an expert lawyer. This is what you should know.
Given the controversy of whether Someone with permanent residence in the United States could be rejected from re-entering the country by immigration agents, based on their tattoos., lawyer Hugo Vera explained that any immigrant who has a visa or a green card is subject to a review every time they leave and enter the country. This is when tattoos could be a drawback.
“The Immigration Service has this power: this discretion to deny entry to someone for having tattoos and for everything that has to do with gangs,” said the expert in an interview with Univision 19. Vera shared that her office has handled more than three cases of immigrants whose re-entry into the United States was affected by having tattoos on their bodies.
“Many immigrants don't understand it, but permanent residency is subject to review, again, every time the visa is presented to a customs agent or an immigration agent and is subject to all bases of inadmissibility,” said Vera, who warned: “If a customs agent sees a tattoo, it may be enough reason to investigate further and then They can deny entry and take away permanent residence”.
What is the legal basis for denying someone entry into the United States for having tattoos?
Every time an immigrant enters the United States, whether with a visa or a green card, they must demonstrate to the Citizenship and Immigration Services (USCIS) that they meet the requirements that make them “admissible” in the country. “US immigration laws include a long list of reasons that make people 'inadmissible'. The list does not directly include tattoos,” he explains. Noloan expert site in legal advice.
Immigration agents may perceive tattoos as the insignia of a gang or criminal cell.
However, Tattoos can be seen as a way to identify people who might want to enter the US for some dark purpose.. “For example, in Section 212, subsection (a)(3)(A) of the Immigration and Nationality Act (INA), we will see that this law makes people inadmissible if US immigration authorities have a “reason to believe” that they come to the United States to participate in 'illegal activities,'” he says. Nolo.
This can be interpreted by immigration agents as meaning that someone with tattoos could be part of organized crime. “The Immigration Service will maintain this criterion when the person is subject to inadmissibility when he is considered a threat to public safety, which is when he is considered a gang member or related to a gang,” says Hugo Vera.
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