 |
|
|
||||||||||
|
|
Waivers of Inadmissibility / Excludability Certain foreign nationals are not considered to be eligible to enter the United States, or to apply for certain forms of relief if in the United States, including Adjustment of Status to Permanent Residence, if they are determined to be ‘inadmissible’. Grounds of inadmissibility include: Health Related Grounds, such as having a communicable disease of public health significance (such as HIV and infectious tuberculosis), failure to receive required vaccinations against certain vaccine-preventable diseases, physical or mental disorders and associated behavior that may or has posed a threat to property, safety and welfare of the person or others, and being a drug abuser or addict; Economic Grounds, meaning that a person is deemed to be likely to become a public charge and consume public benefits such as welfare, food stamps, Medicare, etc; Criminal Grounds, including certain crimes designated to be “crimes of Moral Turpitude” and most drug offenses; Moral Grounds, including persons coming to the U.S. planning to practice polygamy; For Violations of U.S. Entry and Unlawful Presence Laws, including foreign nationals who have been previously removed or deported from the U.S., those who have accrued 180 consecutive days of unlawful presence in the U.S. (3 year bar), those who have been unlawfully present in the U.S. for one year consecutively (10 year bar); Fraud or Willfully Misrepresenting a Material Fact, in connection with seeking to procure or procuring a visa, other immigration documentation or benefits, or entry into the U.S., including document fraud; Falsely Claiming Citizenship, and unlawful voting; Security Related Grounds, including espionage, sabotage, illegal activity, terrorist activity, association with terrorist organizations, membership in a totalitarian party (including the communist party), Nazis, persons committing genocide or torture, religious persecutors, etc. Waivers of Inadmissibility Some grounds of inadmissibility can be “waived”, meaning through application, an individual that would ordinarily be barred from entering the United States or Adjusting Status to Permanent Residence can receive special permission, on a case-by-case basis, to enter the U.S. or Adjust Status notwithstanding the ground of inadmissibility. Below is a list of common waivers available to certain individuals who are deemed to be inadmissible: Inadmissibility based on a Communicable Disease of Public Health significance, can be waived if the alien seeking the waiver is the spouse, unmarried son or daughter, or parent of a United States citizen, Lawful Permanent Resident, or person who has been issued an immigrant visa. This waiver is filed on USCIS Form I-601. Individuals who are inadmissible because of lack of vaccination documentation or because of a physical or mental disorder may also be eligible for waivers. An I-212 Waiver for Reapplication for Admission is available for certain individuals who are inadmissible as a result of previously been ordered removed or deported, including summary exclusion or deportation, and to those who departed the U.S. while an order of removal was outstanding. These removal bars can range from 5 to 20 years and if an individual desires to re-enter the U.S. before waiting outside of the country for the bar period to elapse, they must establish that they warrant favorable adjudication based on the following criteria: i. Moral Character ii. Recency of deportation iii. Need for the applicant’s services in the U.S. iv. Applicant’s contention that he or she did not know he or she had been deported v. Length of time the applicant had been in the U.S A person subject to inadmissibility due to accrued Unlawful Presence in the U.S. can also receive a waiver (I-601 waiver) if he or she is the spouse or son or daughter of a United States citizen, Lawful Permanent Resident, or individual who has been issued an immigrant visa. To warrant favorable adjudication of this type of waiver application, an applicant must demonstrate that his or her spouse or son or daughter will suffer an extreme hardship in the event they are not permitted to re-enter or immigrate to the U.S. Similarly, those inadmissible because of Immigration Fraud or a Willful Misrepresentation of Material Fact can file a successful waiver request on Form I-601, if they can establish that their U.S. citizen or Lawful Permanent Resident spouse or son or daughter (or one issued an immigrant visa) would suffer an extreme hardship should the waiver not be approved. |
|
|
||||||||
| Copyright © Surowitz & Bell, 2008. All rights reserved. | Disclaimer | ||||||||||||
