green card inadmissibility

Applicants are ‘inadmissible’ when they have a ‘ground of inadmissibility’ against them. The online service is a powerful, do-it-yourself tool that puts you in control. The consequences for applicants are fairly similar: applicants are either prevented from filing Form I-485 (bar to adjustment) or their I-485 will be denied because of inadmissibility. A person may be inadmissible for various health, financial, criminal, security, or other grounds, as described in, Inadmissibility: When the U.S. Can Keep You Out and Who Is Barred From the U.S. as a Terrorist, … To overcome the ground (s) of inadmissibility, applicants have to be exempt, or ask U.S. immigration agencies … For details on criminal violations that can make you inadmissible, see Crimes That Make U.S. Visa or Green Card Applicants Inadmissible. (See I.N.A. Although the word “admissibility” sounds like it applies only to someone who is outside the U.S. applying to get in, for immigration purposes, it also applies to people who are already in the U.S. applying for a different status, like permanent residency. In some cases, you may apply to the decision-maker on your case for a waiver (legal forgiveness) allowing you to go forward with your application.

All rights reserved. Generally, any person who enters the United States without permission is inadmissible. The only difference is that U.S. citizen or lawful permanent resident children count as qualifying relatives for criminal grounds of inadmissibility.

states which grounds of inadmissibility allow for waiver applications. Applicants who are inadmissible are not permitted by law to enter or remain in the United States, and therefore cannot obtain a family Green Card. If you were denied admission to the United States because of your criminal history, you may be eligible to file a waiver application. An expanded number of individuals are eligible to request a provisional waiver from within the U.S., before leaving for their consular interview, as long as they are already living the United States, including the spouses and children of permanent residents, siblings of U.S. citizens, and adult and married children of U.S. citizens. These factors include children with the qualified relative, a genuine belief that you had been complying with immigration laws, and having come to the U.S. when you were a young child.

Green Card Waivers. Secure .gov websites use HTTPS If you're already in the U.S., you may be put into removal proceedings. In some states, the information on this website may be considered a lawyer referral service. A person who seeks to enter the United States and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that he or she has authorization to do so, is inadmissible. Once you're completely satisfied, you’ll be able to print your I-485 and customized filing instructions. In light of the U.S. Supreme Court’s Feb. 21, 2020 decision to stay the statewide injunction preventing implementation of the Final Rule issued by U.S. District Court for the Northern District of Illinois, USCIS will now apply the Final Rule to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Mobile-Friendly. The Final Rule, published on Aug. 14, 2019 and originally scheduled to go into effect on Oct. 15, 2019, prescribes how the Department of Homeland Security will determine whether an alien is inadmissible, and ineligible to adjust status to that of a lawful permanent resident in the United States because the alien is likely at any time in the future to become a public charge pursuant to section 212(a)(4) of the Immigration and Nationality Act. You will also want to address any factors that can be deemed “aggravating.” These are factors that will weaken the overall strength of your application. If you accumulated unlawful presence in the United States and are subject to the three-year or ten-year bar, you may be qualified to file Form I-601, Application for Waiver of Grounds of Admissibility, if you have have a U.S. citizen or lawful permanent resident spouse, fiancé, or parent who will experience “extreme” hardship if you are denied admission. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

Another common ground of inadmissibility that allows for a waiver application is having secured an immigration benefit through fraud or misrepresentation.

Additionally, any former U.S. citizens who have renounced their citizenship for tax purposes are inadmissible.

One of the main differences though is that there are many exemptions to the bar to adjustment (especially for immediate relatives), but very few for inadmissibility. The most difficult part of submitting a waiver application for unlawful presence is demonstrating extreme hardship. Asylum-based and refugee applicants are similarly exempt from such grounds. That also means that applicants who have to switch to consular processing because they cannot submit a request to adjust status (for example because they do not have a legal entry in the United States) may suddenly have to deal with the 3-year and 10-year bars. Do not analyze your own situation based on this list. Grounds of inadmissibility include health, criminal activity, national security, public charge, fraud and misrepresentation, prior removals, unlawful presence in the United States, …. But even though the word “admissibility” sounds like it applies only to someone who is outside the U.S. applying to get in, for immigration purposes, it also applies to people who are already in the U.S. applying for a different status, like permanent residency. Applicants likely to become a public charge are inadmissible.

Note that many of them contain specific requirements as to who can apply for a waiver and on what grounds—and that you will have to submit not only a basic request, but many documents to prove that you meet the various requirements and deserve the waiver. 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). Some of the more common grounds of inadmissibility allowing for a waiver application are discussed below. You are also required to show that this qualifying relative will suffer extreme hardship if you are denied admission.Extreme hardship, mitigating factors, and aggravating factors for a waiver application under this ground of inadmissibility are the same as for unlawful presence. For example, persons who have detained a U.S. citizen child outside the U.S. are inadmissible until they comply with any court order regarding the child’s custody. Although the process is generally initiated with a form, the complexity of the legal issues (and importance of success) demands the assistance of an experienced immigration attorney. If you have any aggravating factors, be prepared to submit evidence that mitigates their seriousness. For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis). A waiver means that you ask the U.S. government to overlook or forgive the ground of inadmissibility and grant the green card (lawful permanent residence) or some other benefit despite it. made a false claim to U.S. citizenship or voted unlawfully. This is different than saying that some applications will ultimately be denied. They can also include factors that hint at marriage fraud. ... Not all crimes are an absolute bar to inadmissibility. However, it also means that the officer reviewing your case has broad discretion in deciding whether or not your relative’s circumstances constitutes extreme hardship.

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