Question 1

01. I was convicted of an aggravated felony in 2018. Am I inadmissible now?

Accepted Answer

Not under this decision. The Board limited the new rule to pleas made, or jury verdicts entered, after September 17, 2026. An older conviction is still governed by Matter of Kanga. It can still cause problems on other grounds — it just does not trigger this one.

Question 2

02. What actually counts as an “aggravated felony”?

Accepted Answer

It is a definition written into the immigration law, not a criminal charge, and it is far broader than the name suggests. Theft with a one-year sentence, fraud over $10,000, and many drug and violence offenses fall inside it — including some a state calls a misdemeanor.

Question 3

03. Can a 212(h) waiver still save my case?

Accepted Answer

A 212(h) waiver forgives certain crime grounds listed in Section 212(a)(2). Section 212(a)(8)(A) — the ground this decision creates — is not among them. For a conviction after September 17, 2026, a waiver could clear one ground and leave another standing. The answer depends on your route to a green card, so it needs an attorney reading your file.

Question 4

04. I already have a green card. Should I worry about traveling?

Accepted Answer

Speak with an immigration attorney before you book anything. A permanent resident with certain convictions can be treated as seeking admission when returning from a trip abroad, which puts inadmissibility grounds back in play.

Question 5

05. My criminal case is still open. What should I do today?

Accepted Answer

Get your criminal defense attorney and an immigration attorney talking before any plea is signed. After September 17, 2026, the timing and wording of a plea can decide whether a green card stays possible.

Blog

The New Aggravated Felony Green Card Bar: Why September 17, 2026 Is the Only Date That Matters

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