The Virginia Law Foundation promotes through philanthropy the rule of law, access to justice and law-related education. Alien smugglers may . 1182(a)(2)) in connection with an application for adjustment of status under section 209 of the Act is broader than that found in section 212(h) of the Act, which authorizes waivers of criminal grounds of . (iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission. General Implementation Issues. 390 N Orange Ave, Suite 2300, Orlando, Fl 32801. Found inside – Page 7Inadmissibility Section 212(a) of the INA enumerates grounds of inadmissibility—grounds upon which aliens are ineligible for visas and admission to the United States. They include health-related grounds, security- and terrorism-related ... This list includes all grounds of inadmissibility listed under INA § 212(a)(2), 8 U.S.C. (ii) Other aliens.-Any alien not described in clause (i) who-, (I) has been ordered removed under section 240 or any other provision of law, or. There are numerous grounds of inadmissibility. Found inside – Page 17At the same time, the alien may overcome grounds of inadmissibility by applying for a waiver in conjunction with the adjustment process.1899 example, inadmissibility under INA § 212(a)(6)(C) for fraud might be overcome by the ... (II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible. — Clauses (i) and (ii) shall not apply–. The grounds of inadmissibility apply in removal proceedings when an individual is charged with being removable for being inadmissible at the time of their entry into the U.S. or adjustment of status to a . 7102)) was at least one central reason for the alien’s unlawful presence in the United States. (III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I). (A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible. Found inside – Page 32He applied for relief under Section 245 and in conjunction therewith requested the exercise of discretion contained in Section 212 ( g ) of the Act , as amended September 26 , 1961 , to waive the criminal ground of inadmissibility ... (II) has exceptional ability in the sciences or the arts. Applicants for an immigrant, K, or V nonimmigrant visa. (I) has been lawfully admitted or paroled into the United States, (II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and. Other types of waivers include an I-601 application for Waiver of Grounds of Inadmissibility which allows a non-citizen alien to immigrate to the United States to adjust their status to permanent residence , or seek admission to the U.S. in a nonimmigrant status if certain grounds of inadmissibly prevent them from being admissible. Focusing on the grounds of inadmissibility, section 212(a) of the Immigration and Nationality Act includes 10 separate grounds, with some having multiple sub-grounds of inadmissibility. (A) In general.-Any immigrant who is permanently ineligible to citizenship is inadmissible. Waiver of Unlawful Presence in the U.S. Waiver of Grounds of Inadmissibility - FORM I-601. section 212(h) discussed below. This is why consular officers are cautioned . In order to file, applicants must have eligible grounds to file. Â info@messersmithlaw.com (a)(1) Application. INA Section 212(a): Grounds of Inadmissibility There are 10 sections which define grounds of inadmissibility under the INA. Certain grounds of inadmissibility, if filed by an applicant for TPS; I. INA section 212(a)(9)(C)(Unlawfully Present After Previous Immigration Violations) for a VAWA self- petitioner; NOTE: Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases, if you seek a waiver of grounds of inadmissibility in connection with your . (ii) EXCEPTION- Subclause (IX) of clause(i) does not apply to a spouse or child–. The terms by which someone is labeled inadmissible is laid out in Section 212 of the Immigration and Nationality Act (INA). These apply to a person seeking admission to the United States, including both literally seeking entry at the border and also seeking the right to stay legally, such as with a green card application (lawful permanent residence). U.S. Visa Interview Waiver Program…, Received our first approval on Deferred Action on…, At Gopal & Pedigo, PC, we are looking for de…, Controlled Substance Violations (Drug Crimes), 212(h) – but only for possession of 30g or less of marijuana, Controlled Substance (Drug) Traffickers and their families, Aliens Present without Admission or Parole (EWI), 212(a)(6)(C)(ii)(II) for claims made prior to 1997, Documentation Requirement for Nonimmigrants, Immigrant Ineligible for Citizenship INA 314 or INA 315, Unlawful Presence after Prior Immigration Violation, Guardian accompanying inadmissible helpless child, Former Citizen who renounced to avoid taxes, Individual who is detrimental to US interests. How to obtain a 212(a)(10)(A) waiver. The illegal aliens who would benefit from the amnesty do not. 6402), is inadmissible. In simple terms . Inadmissibility under section 212(a)(3)(E) renders an individual categorically ineligible for U nonimmigrant . Section § 212(d)(3) of the Immigration and Nationality Act waives virtually all grounds of inadmissibility for non-immigrants including health, criminal, prostitution, smuggling, and unlawful presence. LEARN MORE. (III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence. (iv) Tolling for good cause.-In the case of an alien who-. (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible. 212(a)(6)(C)(i) Material Misrepresentation / Fraud . Found insideBut ordinarily the relevant inadmissibility grounds were already applicable to the alien before he traveled abroad (as ... Section 212(a)(9)(B) is fundamentally different, however, because its focus on “departure” means that it alone ... Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: * * * * (3) (B) Terrorist Activities (i) In . Section 212(a)(3)(E) contains inadmissibility provisions for: (i) Participation in Nazi persecutions; (ii) Participation in genocide; and (iii) Commission of acts of torture or extrajudicial killings. NIV Waivers. The categories are as follows: Disease of public health significance; Criminal activity; National security risk; Strong likelihood of becoming a public charge ; Lack of labor certification; Fraud or misrepresentation; Prior removals or unlawful . (i) In general.-An alien who is the subject of a final order for violation of section 274C is inadmissible. Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability. Found inside – Page 54Paragraph 212 ( d ) ( 3 ) provides broad discretion to the Attorney General ( upon a recommendation of the Secretary of State or a consular officer , in the case of a visa applicant ) to waive all grounds of inadmissibility listed in ... (D) Application of grounds. Removed (INA 212(a)(9)(A)); (9 FAM 40.91) INA 212(d)(3)(A) waiver is available. (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status, (ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution, or. In evaluating extreme hardship to a qualifying relative . The Public Charge Ground. This article is provided for general information purposes only. The spouse, unmarried son or daughter, or minor unmarried . (iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term “engage in terrorist activity” means, in an individual capacity or as a member of an organization-. The categories are: grounds of inadmissibility under § 212(a) and grounds of Deportation under § 237(a)(1)(A). Immigration and Nationality Act Section 212(a) lists several classes of aliens ineligible to receive visas and ineligible for . The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title. Grounds of Inadmissibility. For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review. (iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession’s licensing or certification examination, the alien has passed such a test, or has passed such an examination. INA §212(a) Grounds of inadmissibility prevent a person from obtaining lawful permanent residence and from obtaining non-immigrant visas. This section of the law both incorporates all of the grounds of inadmissibility and makes an individual deportable if at the time of admission or adjustment of status, he or she was in fact inadmissible based on any of the grounds of inadmissibility under §212(a). The provision excluding persons who voted unlawfully was added by the IIRIRA in 1996 . Please find a comprehensive chart listing the grounds of inadmissibility and corresponding immigration waivers available .
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