The U. S. Department of State has updated its policy concerning the treatment of pardons issued by the Connecticut State Board of Pardons and Paroles. A noncitizen applying for a visa will not be ineligible for a visa under INA 212(a)(2)(A)(i)(I) due solely to a conviction for a crime involving moral turpitude if the noncitizen has received a full and unconditional pardon for that crime from the Connecticut State Board of Pardons and Paroles.  Similarly, a noncitizen applying for a visa will not be ineligible for a visa under INA 212(a)(2)(B) due solely to a conviction for an offense if the noncitizen has received a full and unconditional pardon for that crime from the Connecticut State Board of Pardons and Paroles.

Department of State regulations at 22 C.F.R. § 40.21(a)(5) state that an “alien shall not be considered ineligible under INA 212(a)(2)(A)(i)(I) by reason of a conviction of a crime involving moral turpitude for which a full and unconditional pardon has been granted by the President of the United States, by the Governor of a State of the United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order 10608. A legislative pardon or a pardon, amnesty, expungement of penal record or any other act of clemency granted by a foreign state shall not serve to remove a ground of ineligibility under INA 212(a)(2)(A)(i)(I).”

Department of State regulations at 22 C.F.R. § 40.22(c) similarly state that an “alien shall not be considered ineligible under INA 212(a)(2)(B) by reason in part of having been convicted of an offense for which a full and unconditional pardon has been granted by the President of the United States, by the Governor of a State of the United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order 10608. A legislative pardon or a pardon, amnesty, expungement of penal record or any other act of clemency granted by a foreign state shall not serve to remove a ground of ineligibility under INA 212(a)(2)(B).”

The U.S. Department of State treats full and unconditional pardons issued by the Connecticut State Board of Pardons and Paroles as executive, thereby removing for consideration of ineligibility under INA 212(a)(2)(A)(i)(I) convictions for crimes involving moral turpitude as per 22 C.F.R. § 40.21(a)(5) and removing for consideration of ineligibility under INA 212(a)(2)(B) convictions for offenses as per 22 C.F.R. § 40.22(c).