It floor of inadmissibility can not only apply at wedding-mainly based immigrant visas. In addition it means that somebody arriving at the latest You.S. with the, such as for instance, a jobs-established immigrant visa or the range charge lottery you should never be prepared to promote numerous partners collectively; the actual fact that a spouse and you may minor children are usually permitted to match immigrant charge owners since so-named “derivatives.” One companion (the original spouse) will be the restriction.
This new polygamy ground out-of inadmissibility cannot particularly apply at applicants for nonimmigrant visas (short-term visas such to own B-2 visitors, F-step one people, and H-1B specialty specialists). Still, you can find a concern throughout the if or not you plan to apply polygamy throughout the You.S. on one of the main State department forms having nonimmigrant visas, the brand new DS-160. Even in the event you are not barred regarding a charge with this base, a “yes” address can be a challenge if you decide to sooner use having You.S. legal long lasting house. (And you will answering dishonestly would be a whole lot larger disease; pick an attorney when you are enduring just how to answer this question.)
Once again, going to routine polygamy on You.S. is not a pub in order to typing to the a nonimmigrant (temporary) charge, as you will be here merely into the a restricted-label foundation. But what from the in fact taking numerous spouses along? What the law states lets singular mate towards the United states as a “derivative” to your first visa. Still, brand new U.S. consular manager exactly who feedback new charge app indeed gets the fuel and you may discretion to approve extra lover(s) to have a b-2 guest visa, if they are otherwise qualified and you may certified. (Find nine FAM -2(B)(3).)
Should you want to started to the new U.S. due to the fact an enthusiastic immigrant (having a green cards) and are generally when you look at the a good polygamous marriage, the newest legal paths to delivering multiple spouse together are a bit limited. As the Overseas Circumstances Guide renders clear, ” No waiver is obtainable to own immigrant visa people ineligible below We.N.Good. 212(a)(10)(A)” (that as being the part Toba sexy girls of the legislation naming polygamy due to the fact an excellent floor out of inadmissibility).
As previously mentioned over, although not, U.S. law really does succeed some one within the good polygamous marriage becoming granted You.S. quarters with the first spouse. (The fresh You.S. State dept. particularly states one to in the cases of polygamous marriages, “only the earliest spouse could possibly get be considered while the a wife to have immigration.”) New charge would only be granted toward realizing that any almost every other partners would-be discontinued and that you will maintain no active connection with all of them. (Discover 9 FAM Area -2(B)(3).) Brand new expectation seems to be that the people will give up the polygamous life to enter the Us.
And therefore students could well be allowed to enter while the associated immigrants is actually yet another concern. People students born of the basic companion when you look at the an excellent polygamous relationship is also meet the requirements in typical immigration concept of an infant. (Find out how U.S. immigration law defines people at I.Letter.An effective. § 101(b).) Pupils from a lot more spouses might possibly accompany a dad whenever they meet the requirements because “legitimated students” or “stepchildren.”
Is there Any way to acquire Inside the Bigamy Inadmissibility Pub?
For anyone aspiring to come to this new You.S. since the often an immigrant otherwise nonimmigrant however with bigamy with the checklist since the a criminal activity, you’d have to speak with an attorney. The situation would be whether or not you will find an approach to you shouldn’t be prohibited for having enough time a criminal activity away from ethical turpitude (CIMT).
That way, you’ll no further getting committing bigamy
If for example the concern is only that you eventually partnered with no knowledge of that the prior relationships had been valid, and have perhaps not come convicted out-of a crime, you could solve the difficulty from the finalizing a breakup that have the sooner lover.