Over the past week, we learned acclaimed rapper 21 Savage was arrested by Immigration and Customs Enforcement (ICE) agents. 21 Savage, whose real name is Shéyaa Bin Abraham-Joseph, was charged with being a British citizen who came to the U.S. in 2005, where he last overstayed his visa. Many fans wonder: so what? A rapper as talented and famous as 21 Savage can surely get a visa or green card right? The answer is likely no; a big, fat no at that. If the facts are what I assume (big if – a lot is still unknown), his criminal conviction will come back to haunt him.
He is Removable (Deportable)
Deportation (now called removal) proceedings begin when a Notice to Appear (NTA) is filed with the local Immigration Court. The NTA lists the charges against a legal permanent resident or undocumented/overstayed alien. Most removability charges are those that deal with crimes (aggravated felonies, controlled substance violations, multiple criminal convictions), misrepresentation and immigration violations (illegal at the time of entry, marriage fraud, document misrepresentation, overstays), false claims to citizenship and terrorism grounds.
Multiple news reports state that 21 Savage has a prior conviction for felony drug charges. If the conviction was for a controlled substance on the Federal Schedule (except marijuana under 30 grams), he is removable.
In addition, as far as we know, 21 Savage came to the U.S. in 2005 and has resided in Atlanta with his family since. His visa expired in 2006. It appears he never applied for a subsequent performance, tourist or business visa. Thus, he is removable because he violated the terms of his non-immigrant visa.
Although uncertain, 21 Savage has claimed to be a person who grew up in Atlanta. If he applied for a driver’s license, social security card, filed taxes, filed for benefits, or did anything else where he claimed he was a United States citizen, he will likely be removable for falsely claiming to be a United States citizen.
He is Inadmissible
Admissibility deals with a person trying to obtain an immigration benefit, such as applying for a green card, visa or trying to change status. However, a person can be found inadmissible for a variety of reasons, the most common being crimes and immigration violations (entering the U.S. without inspection, overstaying a visa, violating the terms of a visa). Inadmissibility is more severe in some cases because officials don’t need a conviction. Simply admitting to an inadmissible offense gives rise to deny a green card or visa.
In immigration law, a person who overstays his or her visa is ‘inadmissible’ to the United States, and faces either a three year or ten year bar from obtaining an immigration benefit (visa or green card) or returning to the United States. The only way to overcome the 3/10 year bar is to obtain a waiver of inadmissibility with a I-601 Application for Waiver of Grounds of Inadmissibility. This waiver needs to be accompanied by a valid petition or application, and needs to show extreme hardship to a U.S. citizen or green card-holding spouse or parent. It appears 21 Savage does not have a current spouse or employer who can petition for him, nor does it appear he has a qualifying relative. He is thus inadmissible for immigration violations.
Worse, 21 Savage is subject to other grounds of inadmissibility that are more severe. He was arrested for felony drug charges which, if the conviction was for a controlled substance on the Federal Schedule (except marijuana under 30 grams), would make him permanently inadmissible to the United States. In addition, even though ‘gang membership’ is not a per se immigration violation, many ICE agents and USCIS officials will classify a gang member as being inadmissible due to terrorism-related grounds. He has admitted in the past to being a gang member, selling marijuana, possessing multiple guns, robbery and other serious criminal offenses.
21 Savage’s lawyers claim he applied for a U visa (victim visa) in 2017 because he was shot in 2013. There is no evidence he cooperated with police; it remains unknown if it was approved or not.
Even If He Overcomes Inadmissibility, Will He Be Allowed To Stay?
Obtaining an immigration benefit is a privilege, not a right. There are many factors that complicate 21 Savage’s case. He has three U.S. citizen children and huge, positive community investment. He is also a self-admitted gang member, drug dealer, gun possessor and more. It is up to USCIS and Consulate/Embassy discretion to to grant a visa or green card. Warning to all future potential rappers: don’t reap what you sow in terms of a gang life. Your life and ability to stay in the U.S. could depend on it.
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