Which soil regarding inadmissibility can not only apply to relationship-dependent immigrant visas. Additionally means that some body going to the fresh new U.S. towards, for example, an employment-established immigrant charge or even the range charge lottery don’t be prepared to provide multiple spouses with each other; even though a partner and you can small youngsters are generally speaking permitted to accompany immigrant charge people given that very-titled « derivatives. » One spouse (the initial lover) are the maximum.
The new polygamy floor out-of inadmissibility cannot particularly apply to individuals to possess nonimmigrant visas (temporary visas particularly to have B-dos folks, F-step one people, and H-1B expertise pros). Nevertheless, you will find a concern regarding whether you intend to practice polygamy throughout the U.S. on a single of your own fundamental State dept. forms getting nonimmigrant visas, the fresh new DS-160. Even in the event you’re not prohibited from a charge with this base, a « yes » respond to may become problems if you decided to sooner or later pertain having You.S. legitimate long lasting house. (And reacting dishonestly is a great deal larger problem; pick legal counsel while experiencing tips address so it question.)
Once more, going to behavior polygamy from the You.S. is not a club to entering for the a great nonimmigrant (temporary) charge, because you will be around only toward a finite-term base. Exactly what about in fact bringing several spouses collectively? What the law states allows just one lover on All of us while the an excellent « derivative » towards number 1 visa. However, the U.S. consular manager just who critiques the fresh new visa application actually comes with the stamina and you may discernment to accept more spouse(s) having a b-2 visitor visa, if they’re otherwise qualified and you can certified. (Get a hold of nine FAM -2(B)(3).)
If you want to come to the latest You.S. since the an enthusiastic immigrant (with an eco-friendly cards) and tend to be for the a great polygamous matrimony, the new courtroom paths in order to providing multiple mate together is some limited. Since the Foreign Products Instructions makes obvious, » No waiver can be found to own immigrant visa applicants ineligible significantly less than I.N.Good. 212(a)(10)(A) » (that as being the area of the laws naming polygamy because the a surface out-of inadmissibility).
As stated more than, yet not, U.S. legislation really does create people in the an excellent polygamous matrimony as offered You.S. household and their earliest spouse. (The fresh You.S. State department especially states you to for the instances https://kissbrides.com/tr/dream-singles-inceleme/ of polygamous marriages, « just the basic partner could possibly get be considered as a spouse to possess immigration. ») New charge manage just be provided into with the knowledge that one other partners would-be deserted and that you will maintain no energetic relationship with them. (Find nine FAM Area -2(B)(3).) New presumption appears to be that the people would give upwards the polygamous lifestyle to help you go into the Us.
Which students would be allowed to enter given that associated immigrants are a separate matter. One people produced of the first companion into the an effective polygamous wedding can be meet the requirements under the typical immigration definition of a baby. (Find out how You.S. immigration legislation describes college students within I.N.An excellent. § 101(b).) Children away from a lot more wives could possibly go with a dad whenever they meet the requirements once the « legitimated college students » otherwise « stepchildren. »
Is there In whatever way to get Within Bigamy Inadmissibility Bar?
For someone wishing to started to the latest U.S. as the often a keen immigrant or nonimmigrant but with bigamy towards number due to the fact a crime, might have to consult with legal counsel. The trouble will be if there is certainly a way to don’t be prohibited in order to have the time a crime out of ethical turpitude (CIMT).
Like that, you’d no more be committing bigamy
In case the issue is merely which you eventually hitched with no knowledge of the earlier matrimony had been appropriate, and just have maybe not already been found guilty off a criminal activity, you can resolve the situation by finalizing a divorce proceedings that have the earlier lover.