A new immigration decision can create an additional barrier to a green card for a noncitizen who incurs an aggravated-felony conviction. In Matter of A-V-O-, 30 I&N Dec. 44 (BIA 2026), decided September 17, 2026, the Board of Immigration Appeals (BIA) expanded the meaning of a ground of inadmissibility tied to permanent ineligibility for citizenship.
The key timing rule: the new interpretation applies only to qualifying convictions based on a guilty or no-contest plea made, or a jury verdict entered, after September 17, 2026. The decision makes immigration review before a criminal disposition especially important.
What Did Matter of A-V-O- Change?
The BIA held that a noncitizen convicted of an aggravated felony is permanently ineligible for citizenship and is therefore inadmissible under INA § 212(a)(8)(A). Inadmissibility can prevent admission to the United States as an immigrant or approval of adjustment of status, the process of applying for a green card from within the country.
The decision expressly overruled Matter of Kanga, 22 I&N Dec. 1206 (BIA 2000). Under that earlier precedent, the citizenship-related ground was limited to military-service evasion; an aggravated-felony conviction did not, by itself, trigger that particular ground. The new interpretation adds a separate issue to the criminal inadmissibility analysis.
A-V-O- is binding agency precedent nationwide, subject to controlling federal circuit law. Whether it applies to a particular person still requires review of the conviction, timing, immigration history, and jurisdiction.
Which Date Matters?
The decision’s prospective limitation focuses on the plea or jury verdict, not simply the date of sentencing, the original charge, or the green card application. The Board describes the rule as applying to people seeking admission as immigrants who incur an aggravated-felony conviction based on a guilty or nolo contendere (no-contest) plea made, or a jury verdict entered, after the decision date.
| Criminal-case timing | Effect of the new interpretation |
|---|---|
| Plea or jury verdict on or before September 17, 2026 | The new interpretation does not apply under the decision’s express prospective limitation. Other inadmissibility, removal, or relief restrictions may still apply. |
| Plea or jury verdict on or after September 18, 2026 | A qualifying aggravated-felony conviction can trigger the additional INA § 212(a)(8)(A) barrier. |
| Earlier plea or verdict, with sentencing after September 17 | Do not rely on the sentencing date alone. Counsel should confirm the plea or verdict date and review the complete disposition. |
| Criminal charges still pending | Obtain immigration analysis before a plea or verdict; the proposed outcome may affect future admission or adjustment eligibility. |
An older conviction is not automatically safe. The prospective limitation concerns this new interpretation of § 212(a)(8)(A). It does not erase other immigration consequences or guarantee eligibility for a green card.
Why a Section 212(h) Waiver May Not Solve the Problem
Criminal immigration cases often involve the grounds in INA § 212(a)(2) and possible relief under section 212(h). But section 212(h) identifies particular grounds it can waive; § 212(a)(8)(A) is not among them.
As a result, qualifying for a waiver of a separate criminal ground does not, by itself, overcome the additional bar recognized in A-V-O-. A case assessment must examine every applicable ground and any available relief. Family ties, hardship, or an approved immigrant petition alone do not answer that analysis.
What Counts as an Aggravated Felony?
“Aggravated felony” is a specific category in federal immigration law. The name of a charge alone is not enough to determine whether it falls within that category. Counsel must examine the relevant statute, criminal records, and applicable legal standards; the sentence or other facts may matter depending on the category.
For that reason, do not assume that every criminal conviction triggers this new rule—or that a proposed criminal resolution is immigration-safe without a separate analysis.
A Practical Checklist for Noncitizens Facing Criminal Charges
- Coordinate counsel early. Tell your criminal defense attorney about your immigration status and arrange immigration-law review before a plea or verdict.
- Collect the complete record. Gather charging documents, plea agreements, verdict forms, judgments, sentencing records, and relevant immigration notices.
- Confirm the dates. Identify the plea or jury-verdict date separately from sentencing and immigration filing dates.
- Review all immigration consequences. Consider admission, adjustment of status, removal exposure, naturalization, and the actual scope of any waiver.
- Preserve legal arguments. Counsel should evaluate statutory-construction arguments and controlling circuit law, and preserve appropriate issues for review.
If an immigration application or removal case is already pending, provide your attorney with updated criminal records promptly. Do not assume that a possible future court challenge suspends the BIA’s decision or extends an existing deadline.
Frequently Asked Questions
What did Matter of A-V-O- change?
The BIA held that an aggravated-felony conviction can make a noncitizen inadmissible under INA § 212(a)(8)(A) because the person is permanently ineligible for citizenship. The new interpretation applies subject to the decision’s prospective limitation and controlling circuit law.
Does the new rule apply to convictions from before September 18, 2026?
The decision limits the new rule to aggravated-felony convictions based on guilty or no-contest pleas made, or jury verdicts entered, after September 17, 2026. Earlier cases may still face other criminal immigration consequences.
Is the sentencing date the cutoff?
The BIA identifies the date of the guilty or no-contest plea or jury verdict. A later sentencing date alone should not be treated as the trigger; counsel should review the complete criminal record.
Can a section 212(h) waiver fix this new ground of inadmissibility?
Section 212(h) does not list INA § 212(a)(8)(A) among the grounds it waives. Eligibility for a waiver of a separate criminal ground therefore does not, by itself, resolve this new bar.
What should I do if my criminal case is still pending?
Arrange immigration-law analysis with your criminal defense attorney before a plea or trial verdict. The charge, proposed disposition, sentence, timing, immigration history, and controlling law all need review.
Discuss the Decision With an Immigration Attorney
If you or a family member faces a pending criminal case or has a conviction that may affect a green card application, Chantell Abou-Hamdan and Wilner & O’Reilly’s immigration team can review the record and explain the options that may apply. You can also read our overview of the immigration court process.
Contact Wilner & O’Reilly to request a case-specific consultation.
This article provides general information about a September 17, 2026 decision and is not legal advice. Eligibility and strategy depend on individual facts and controlling law.
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