Will My Tattoo Be a Problem for My Immigration Application?

Getting a temporary (nonimmigrant) or permanent immigrant visa or green card in the United States is often a stressful process. U.S. immigration officials will closely examining various aspects of your life, and in many cases (including all green card applications) require you to have a medical examination. The result is that some people with tattoos run into problems; not because of the tattoos themselves, but because of what they can signal or reveal about the person. This article will explain the issues further, and describe how to deal with any tattoos you might have when seeking U.S. entry.

Why Do U.S. Immigration Officials Care About Tattoos?

To enter the United States or to get a green card, you must be "admissible." U.S. immigration laws includes a long list of reasons that make people "inadmissible." The list does not include tattoos directly.

But tattoos can be viewed as evidence of other activities that would make a person inadmissible. If you look, for example, at Section 212, subsection (a)(3)(A) of the Immigration and Nationality Act (I.N.A.), you'll see that this law makes people inadmissible if U.S. immigration authorities have a "reason to believe" that they are coming to the United States to engage in "unlawful activity."

Immigration officials have long interpreted "unlawful activity" to include membership in organized crime, like the Mafia or a gang. This is where tattoos come in. U.S. immigration authorities can, and sometimes do, use tattoos as evidence of gang membership. This then gives them "reason to believe" that someone is coming to the United States to engage in "unlawful activity" and deny the visa or green card.

What If My Tattoo Is Completely Innocent?

Many tattoos are completely innocent, and U.S. immigration officials know this. If your tattoo is easy to understand and clearly not a gang sign, then you should not have troubles. Be ready to explain when you got inked with this particular art and what it means to you.

If your tattoo is a name or an important date, try to find a document that explains it. For example, if you have a tattoo of your daughter's name and birthday, get a copy of your daughter's birth certificate. Or if you have a clown face to honor a family member who was in the circus, bring proof of that (since clown faces are a common gang symbol).

How Do I Know Whether My Tattoo Will Be a Problem?

If you are concerned about your tattoo, you will need to do some research about gang tattoos. Make sure that your tattoo does not suggest gang membership.

For example, the number "13" is probably the worst tattoo to have, since it could suggest that you are a member of the notorious "MS-13" gang or represent the letter "M" as used by many Mexican gangs (‘M' is the thirteenth letter of the alphabet).

Other problematic symbols include letters associated with gangs such as ‘EME' (the Mexican mafia), ‘ALKN' (the Almighty Latin Kings Nation); numbers 13, 14, 18, 88; three dots in a triangle formation (especially near the eyes or on the hand); a clown face or mask; a tear drop; a three-leaf shamrock with a ‘6' on each leaf; a crown (especially a 5-pointed crown); and words associated with gangs (such as ‘norte' for the Norteño gang or ‘sur' for the Sureño gang).

For more complete lists, the best route is to explore gang tattoo databases and lists. The Canadian government offers an easy-to-use (though outdated) guide, or see the FBI's guide to Tattoos and Symbol Analysis.

How Will U.S. Immigration Officials Even Know About My Tattoo?

To get a nonimmigrant visa (a temporary one, like a tourist visa), the U.S. government might never learn about your tattoo.

But to get an immigrant visa or a green card, virtually all applicants must visit a physician for a medical exam. During the exam, the physician can ask you to remove your clothes, and will note any tattoos that you have. The U.S. immigration physicians in Ciudad Juarez are notorious for this.

Additionally, while physicians in the United States are bound by the privacy rules found in federal law (HIPAA), doctors outside of the United States are not. Local laws may limit what the physicians can and cannot say to U.S. immigration authorities, but it's always safest to assume that the physician will tell the immigration authorities everything.

Can't I Just Remove or Cover Up My Tattoo?

Removing or covering up an old tattoo might seem like a good idea at first, but also carries risks. During the medical exam, some doctors have been known to use a black light to detect any tattoos that have been removed. This will inevitably lead to questions about why you had the tattoo and what it was.

A cover-up might seem like a better way to go, but even then, using the black light and based on a close inspection, the doctor might be able to tell that you have gotten your tattoo covered up.

In short, removing or covering up a tattoo might not solve your problem. And if your tattoo is completely innocent, it might make things worse by giving the doctor a reason to suspect that your original tattoo was gang-related.

What About Asking a Tattoo Expert?

If you are concerned about your tattoo, consider asking a professor or researcher who specializes in gang tattoos. An experienced immigration attorney might also be able to advise you, based on their experience, as to whether your particular tattoo is likely to pose an issue at the consular post where your application will be adjudicated.

You might consider asking an expert to evaluate your tattoo to see whether it gives the impression of being gang-related. Of course, if the expert says your tattoo is gang-related, then you have to make a difficult choice of whether to go forward with your U.S. immigration application. If the expert says that your tattoo is not gang-related, that will give you some peace of mind. Note, however, that the U.S. government is always free to disagree or disregard the expert opinion.