US: BIA sets a new green card bar for aggravated felony convictions

· WOWERI

On September 17, 2026, the Board of Immigration Appeals (BIA) in Matter of A‑V‑O‑ (30 I&N Dec. 44) overruled Matter of Kanga and held that a person convicted of an aggravated felony is inadmissible under INA §212(a)(8)(A). The new interpretation applies only to convictions based on a plea or verdict entered after September 17, 2026.

In brief

  • On Sept 17, 2026, the BIA in Matter of A‑V‑O‑ held aggravated felons inadmissible under INA §212(a)(8)(A).
  • The Board overruled its own precedent Matter of Kanga (2000).
  • The new interpretation applies only to convictions based on a plea or verdict entered after Sept 17, 2026.

What to do

  1. Determine whether your offense matches the aggravated‑felony definition (§101(a)(43) INA).
  2. Check the date of the plea or verdict: the new rule applies only to convictions entered after September 17, 2026.
  3. Review alternative forms of protection with an attorney (for example, under the Convention Against Torture — CAT), if applicable.
  4. Keep copies of the judgment and the criminal case records.
  5. Consult a licensed immigration attorney before filing Form I‑485 or attending a consular interview.

What changed?

On September 17, 2026, the Board of Immigration Appeals (BIA) issued a precedent decision, Matter of A‑V‑O‑, 30 I&N Dec. 44 (BIA 2026), overruling its own precedent Matter of Kanga (2000). The Board concluded that a noncitizen convicted of an aggravated felony cannot establish the good moral character required for naturalization and is therefore permanently ineligible to citizenship. That is a ground of inadmissibility under INA §212(a)(8)(A): such a person cannot adjust status to lawful permanent resident on Form I‑485. A §212(h) waiver does not cover this ground.

Important: the new interpretation applies only to convictions based on a guilty or no‑contest plea, or a jury verdict, entered after September 17, 2026.

Who is affected?

  • Noncitizens who were lawfully admitted (for example on B‑2, F‑1 or H‑1B visas) and apply for a green card on Form I‑485, if they have an aggravated‑felony conviction (INA §101(a)(43)) based on a plea or verdict entered after September 17, 2026.
  • Immigrant visa applicants at a consulate with the same kind of conviction.

What does this mean for readers?

The immigration consequences of a conviction depend on the specific offense, the sentence and the date of the plea or verdict. Matter of A‑V‑O‑ does not reach convictions entered before September 17, 2026, although other grounds of inadmissibility or removability may still apply to them. The decision does not address people who already hold permanent resident (LPR) status. A licensed immigration attorney should assess each individual situation.

What should you do now?

  1. Determine whether your offense matches the aggravated‑felony definition (§101(a)(43) INA).
  2. Check the date of the plea or verdict: the new rule applies only to convictions entered after September 17, 2026.
  3. Review alternative forms of protection with an attorney (for example, under the Convention Against Torture — CAT), if applicable.
  4. Keep copies of the judgment and the criminal case records.
  5. Consult a licensed immigration attorney before filing Form I‑485 or attending a consular interview.

Important dates

  • September 17, 2026 – BIA decision in Matter of A‑V‑O‑; the new interpretation applies to convictions entered after this date.
  • September 21, 2026 – CIS blog analysis of the decision published.
  • 1996 – the respondent in A‑V‑O‑ entered the U.S. on a B‑2 visa.
  • January 2020 – the respondent was convicted on two counts, including aggravated identity theft.

Original source

  • BIA decision: Matter of A‑V‑O‑, 30 I&N Dec. 44 (BIA 2026) — https://www.justice.gov/eoir/media/1461651/dl
  • Andrew R. Arthur, “Appellate Board Overrules Itself, Finds Aggravated Felons Are Inadmissible”, September 21, 2026, CIS (https://cis.org/Arthur/Appellate-Board-Overrules-Itself-Finds-Aggravated-Felons-Are-Inadmissible).

*This material is for informational purposes only and is not legal advice.*

What to do next

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Frequently asked questions

What did the BIA decide in Matter of A‑V‑O‑?

That a noncitizen convicted of an aggravated felony cannot show the good moral character required for naturalization, is therefore permanently ineligible to citizenship, and is inadmissible under INA §212(a)(8)(A). This bars a green card through Form I‑485.

Does the decision cover convictions entered before September 17, 2026?

No. The new interpretation applies only to convictions based on a guilty or no‑contest plea, or a jury verdict, entered after September 17, 2026. Earlier convictions may carry other immigration consequences.

Can a §212(h) waiver help?

Section 212(h) does not list §212(a)(8)(A) among the grounds it waives, so eligibility for a waiver of a separate criminal ground does not by itself resolve this bar.

Which crimes are aggravated felonies?

They are listed in INA §101(a)(43), for example murder, rape, sexual abuse of a minor, drug or firearms trafficking, fraud with a loss over $10,000, and other offenses. Whether a specific conviction qualifies should be assessed by an attorney.

Source: cis.org

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