Are tattoos a barrier for my immigration application? Myths and truths

Are tattoos a barrier for my immigration application? Myths and truths

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Tattoos are lifelong marks that decorate many people’s bodies, and approximately 38% of the population is tattooed. They are artistic elements that can express various identities, concepts, and ways of thinking.

And based on that, it is possible to get into trouble with immigration officials. How is that possible? Why would a tattoo cause issues with US immigration officials? Is there any discrimination against tattooed people?

The last question is easy to answer. Yes, tattooed people may suffer a certain level of social harassment because of their tattoos; however, why should that matter to immigration officials? Can my tattoo be a problem for an immigration application in the US?

Do immigration officials care about my tattoo?

It is a simple question: yes, they care about your tattoos. But don’t be alarmed! It’s not that your butterfly tattoos, swords, lions, or mandalas will end up being a severe issue with immigration, and it doesn’t work like that.

Strictly speaking, immigration officials won’t care about most of your tattoos, at least. The vast majority of tattoos a human being can get will not cause difficulties with US immigration officials.

And another important point is that this does not apply to all visas. As long as your application is not for a Green Card, immigration officials will not care how tattooed you are. Consequently, you can let your guard down.

Nonetheless, if you have tattoos of any kind and want to apply for a Green Card, you may face a hurdle. However, you may be asking yourself, why would my tattoos be a problem in applying for a Green Card?

Why would a tattoo be a problem for my immigration application?

It’s simple to explain; officials want to avoid at all costs that you might be a danger to the US. The difficulty is that several tattoos can be linked to criminal gangs and large mafias.

And you, an exemplary and innocent citizen, may be carrying some of them, not knowing how problematic they can be. Many symbols, coded messages, elements, and even numbers can be read as part of a mafia, mainly in Latin America.

In this light, the fact that you have such tattoos that relate to criminal groups is seen as a threat to the US. That is to say that your tattoos can become an obstacle to getting your Green Card.

But, resuming everything explained above, you must pay close attention to a tiny detail: the “admissible” label. This label will determine your eligibility to get a Green Card and live in the US.

The “admissible” label

“Admissible” and “Inadmissible” are two labels given to those seeking to apply for a Green Card. The “Admissible” label infers that the person has everything needed to enter the country and obtain their residential documents.

It can mean a million different things—a long list of reasons why a natural person can be considered “Admissible” under US law. If you fail to comply with any requirements, you will be labeled “Inadmissible.”

And this is what immigration officials are looking for. Look for evidence that you have a problem that makes you inadmissible to the US. It protects the nation’s integrity, as many requirements include not being related to illegalities.

And now, concerning the article’s topic, tattoos that may indicate unhealthy or unethical behavior patterns may be the trigger for being considered “Inadmissible.” These patterns of behavior must be directly related to crime.

The mere fact that you have a tattoo, in any size or color, in any position that can be linked to criminal gangs makes you a suspect. If you are considered a suspect, you can be quickly marked as “Inadmissible.”

Based on USC section 212, section (a)(3)(A), officers can mark you “Inadmissible” on mere suspicion. As long as they have “Reason to believe” that you are entering the US to engage in “Unlawful activity.”

So, you may wonder what kind of tattoos can pose problems for me as an immigrant. There are many, enough to consider not knowing any of them; however, they are not the majority.

Which tattoo can be troublesome for me?

Tattoos with obvious violent messages, such as swastikas or other neo-Nazi symbols, are a clear red flag for immigration officials. Tattoos of numbers such as 88, 100%, 23, and 18 are also categorized as being related to organized crime.

In addition, there are various symbols, such as guns, swords, skulls, and even shamrocks (with a particular specific shape), that can be related to mafia groups worldwide. 

A 5-pointed crown can also be considered a danger. The number 13 is a number that can be problematic for immigrants, and this is because it is related to the Mexican mafia.

So much so that a lip tattoo that may look like a number 13 is included among those considered dangerous. Besides that, various symbols can be equally suspicious, as they are worn by people who fall into crimes.

Dragons, skulls, guns, spider webs, tigers, clowns, and other seemingly innocent symbols can be taken as threatening to the country. Many of these relate to mafias, organized crime, and previous convictions.

There is an entire handbook for immigration officers about tattoos possibly related to illicit acts, not only from Latin America. With this handbook, you will be able to know in some detail which tattoos are avoided in immigration.

In addition, an article from the FBI on the study of tattoos explains which are potentially dangerous for the nation. With these two bibliographic elements, you will have an excellent guide to know if your tattoo can generate problems in obtaining your Green Card.

What if my tattoo is entirely innocent?

As mentioned above, your tattoo may be innocent but resemble a suspicious one. The problem here is that it is difficult to prove such cases.

There are many reasons why your tattoos, similar to those of criminal groups, may have little or nothing to do with them. It could be ignorance, and it could be mere coincidence or a bit of both.

But you’re lucky! You can do many things if your tattoos are unrelated to any crime, and the law considers this so that you can defend yourself against migration.

You have virtually nothing to worry about if your tattoo is entirely innocent. With the proper immigration defense, you will have a chance of getting your Green Card despite your tattoos.

Nevertheless, trying to hide your tattoos is not at all advisable, and it is one of the worst decisions you could make if you know you have any tattoos that might be suspicious.

Can I hide my tattoo for immigration officials? 

To answer the question straightforwardly: no. There is no way to prevent your tattoo from being identified by immigration officials. In the longer answer, you can find the reasons for this.

First, trying to hide your tattoo from immigration officers is a terrible idea, as this can make you look more suspicious. If you are caught hiding tattoos related to criminal entities, it is reason enough to consider you “Inadmissible.”

Ideally, you should speak out confidently about all the tattoos you have and be able to defend yourself against the immigration officers’ probing questions. This process can be made more accessible with an immigration lawyer.

Gather the proper documentation and be prepared for the moment when you have to show your tattoos and explain yourself. With a good defense, explanations, and proof, you can escape the problems that some tattoos can bring.

And you may wonder how exactly immigration officials will find out about all your tattoos. The answer to that question is quite simple: the immigration medical exam is mandatory.  

The immigration medical exam

The immigration medical exam is a complete examination of the patient’s body, in this case, the immigrant, before entering the US. As this is a comprehensive examination, there will be a time when you will have to undress to continue with the investigation.

Here, the doctor can see any hidden tattoos in whatever form and then notify immigration officials. It is why you cannot hide tattoos from immigration officials.

Avoid attempting to cover up or erase tattoos. With the tools with which the medical professional will carry out the examination, they will be able to detect all such details. We stress that trying to hide your tattoos will make you even more suspicious. In addition, it will give “Reasons to believe” to the immigration officers that you are involved “Unlawful activity.” 

Most importantly, you can talk calmly and naturally about your tattoos. Chances are that none of your tattoos will be suspicious, and there will be no problem, but if not, you can defend yourself.

What can I do if immigration officials think my tattoo is gang related?

Do you have any tattoos that could be understood as a call to violence? Do these tattoos worry you? In that case, we assure you that all is not lost. Even with tattoos that may appear related to criminal groups, you still have a chance to get your Green Card and live in the US.

If you have not yet gone through the screening process by which you will get your Green Card, you have even more reason to let your guard down. In case your tattoo is innocent, it may even be something that the officials themselves determine.

Nonetheless, it is always possible that your tattoos may look similar to those of criminal groups you may not even be aware of, which is well known to the law. So, you have the option to defend yourself.

The option to defend tattoos exists to avoid possible immigration injustice for tattoos that have no connection to criminal groups. So, what you will have to do is to prove that your tattoo is entirely innocent.

How do I prove that my tattoo is innocent?

Understandably, some people tattoo various symbols with meanings different from what immigration officials might believe. Therefore, you need to demonstrate in some way that your tattoo is entirely innocent.

So, you must be prepared to explain tattoos that may look suspicious to immigration officials. One way to do this is to use documentation to demonstrate your tattoos truthfully.

For example, you may have a 13 tattooed for the date of birth or death of a family member or close relative. In that case, you can carry evidence to back up what you say and thus avoid problems with immigration.

The same can be applied in a variety of different situations. While it may well be that not all of your tattoos have meaning, you will need to defend them to get your Green Card.

However, there is still the possibility that, by explaining your tattoos, you may still look suspicious to immigration officials. 

An immigration attorney is your best option!

Even if you have not yet been to the immigration exams, you should ideally hire an immigration lawyer to defend you in case your tattoos can be identified as suspicious, and you are marked as “Inadmissible.”

And in case you already have such issues, the best option is to seek professional help. With a lawyer, you have nothing to worry about, and they have all the necessary tools to defend against any suspicious tattoos you may have.

So contact us at Kannan Law! With us, you will have the guarantee of the quality of our services. Our immigration lawyers will ensure to take care of you and any legal concerns you may have. Do not hesitate to choose us as your legal option!