What are grounds of inadmissibility?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

What are the two most common grounds of inadmissibility?

Grounds of removal from the United States are divided into two different categories under the U.S. Immigration and Nationality Act (“INA”): (1) Grounds of Inadmissibility under § 212(a); and (2) Grounds of Deportation under § 237(a)(1)(A).

What does waiver of grounds of inadmissibility mean?

An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from ...

Who qualifies for a waiver of inadmissibility?

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

What are four different categories of inadmissibility that an applicant can apply to waive?

USCIS Inadmissibility Explained

How long does inadmissibility last?

A foreign national who has been unlawfully present in the U.S. for more than 180 days but less than one year is inadmissible for a period of three years. Unlawful presence of more than a year results to inadmissibility for ten years. Several exceptions and waivers are available.

Is overstaying a visa a ground of inadmissibility?

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can apply for and be granted another visa, or even a U.S. green card (lawful permanent residence) if you meet the eligibility requirements for one.

How can the US overcome inadmissibility?

For some grounds of inadmissibility, it is possible for you to obtain a waiver of that inadmissibility. If you have been designated as inadmissible, reach out to an immigration attorney for more information about obtaining an immigration waiver and to schedule a consultation.

What percentage of I-601 waivers are approved?

The 84% approval rate combined with the very dangerous conditions in Mexico right now, especially for "Nortenos" who are subject to a high risk of kidnappings for ransom, makes the I-601A worth pursuing when there is sufficient evidence that the qualifying relative will suffer extreme hardship.

What is considered extreme hardship?

Extreme hardship has been defined to mean hardship that is greater than what your relative would experience under normal circumstances if you were not allowed to come to or stay in the United States. There has to be something extra at play.

What crimes are inadmissible to USA?

Crimes that may cause a person to be inadmissible to the U.S.A. include crimes that involve moral turpitude (CIMT), all controlled substance violations (even a single offence of simple possession of Marijuana or any type of drug paraphernalia), two or more summary convictions (this does not include dangerous driving, ...

What is an inadmissible alien?

(A) Aliens present without admission or parole. (i) In general. An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

Why would a I 601 waiver get denied?

One of the most common reasons U.S. immigration authorities deny an I-601 waiver application is insufficient evidence of extreme hardship to qualifying U.S. relatives. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.

How do you know if you're inadmissible?

A person is inadmissible if they have a physical or mental disorder and the behavior associated with the disorder may pose (or has posed and is likely to reoccur) a threat to the property, safety or welfare of the person or others.

What is the difference between inadmissibility and deportability?

“Deportability” refers to the power of INS to expel an alien from the United States, whereas “inadmissibility” refers to the power INS from entering the United States, whether through consular processing or adjustment of status.

What happens if you are found inadmissible?

Applicants who are found to be inadmissible will, unless they fall under an exception or successfully apply for a waiver (legal forgiveness), not be allowed any sort of visa, green card, or U.S. entry. Exceptions do exist, however, and not every type of applicant is subject to every ground of inadmissibility.

Who is qualifying relative for 601 waiver?

To be eligible for an I-601 waiver, you must prove that your qualifying U.S. citizen or legal permanent resident relative will suffer extreme hardship due to your absence. A qualifying relative, under most types of I-601 waivers, is a spouse, parent, or child.

Can a waiver get denied?

The provisional stateside waiver offers many benefits, but many people will still be denied.

What evidence must I submit with Form I-601A?

You must submit the DOS immigrant visa processing fee receipt or other evidence of fee payment for the NVC case associated with the approved immigrant visa petition.

What were the two main reasons an immigrant may be denied entry to America?

Which security related reasons would render an alien inadmissible?

You become inadmissible to the U.S. if you have been convicted of, admit to having committed, or admit having committed acts that add up to the essential elements of one of the following: A crime involving moral turpitude (other than a purely political offense) or attempting or conspiring to commit such a crime.

How does the U.S. know if you overstay your visa?

Travel Records

It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.

Can you go to jail for overstaying your visa?

You may receive a “final order of removal” should the United States government realize you are unlawfully present. This edict requires you to leave the country within 90 days of its issuing. Ignoring or defying this order can lead to even greater consequences, including fines and up to 4 years of jail time.

What happens if you accidentally overstay your visa?

If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is because unlawful presence is one of the many U.S. grounds of inadmissibility, with built-in penalties.

What is the word inadmissible mean?

not admissible; not allowable: Such evidence would be inadmissible in any court.