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 are the 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 grounds of inadmissibility can be waived?

Waivers of Certain Criminal Grounds of Inadmissibility

These include crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Waivers are not allowed for murder, torture, aggravated felonies or for violations of any other law regarding controlled substances.

What makes an alien inadmissible?

ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible. Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, is inadmissible.

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

What grounds of inadmissibility can be waived by a US Waiver of Inadmissibility?

Who is eligible for 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.

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.

What is public charge ground of inadmissibility?

“Public charge” is a ground of inadmissibility. Grounds of inadmissibility are reasons that a person could be denied a green card, visa, or admission into the United States.

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 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.

How can inadmissibility be overcome due to misrepresentation?

Overcoming an Inadmissibility is Possible

Filing for Criminal Rehabilitation or for a Temporary Resident Permit are two of the most common practices and successful ways of overcoming inadmissibility to Canada. You may also be required to apply for an Authorization to Return to Canada prior to entering the country.

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.

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.

What is the word inadmissible mean?

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

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.

What are considered public charges?

“Public charge,” as defined by the former Immigration and Naturalization Service (INS, now U.S. Citizenship and Immigration Services, or USCIS), refers to an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for ...

Does USCIS check your credit report?

USCIS will consider an applicant's credit report, credit score, debts and other liabilities as a factor in determining whether the individual is likely to become a public charge. A good credit report is considered a positive factor while a bad credit report is considered a negative factor.

Does USCIS know everything about you?

The simple answer, of course, is that it is impossible to know whether USCIS knows if an applicant for a green card or for naturalization is lying to them. The safe assumption is that they DO know everything about you and that, if you lie in the interview, you will be caught.

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.

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.

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 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.

How can the U.S. 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 is the difference between 601 and 601A?

The biggest difference between the two forms is the reason for inadmissibility. Form I-601A is specifically designed for the ban while Form I-601 is for most other grounds of inadmissibility, including health reasons, criminal history or intent, poverty, lack of labor certification, and more.