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Feb 17, 2019 Features / Columnists, News
By Attorney Gail S. Seeram
As a continuation of last week’s ImmigrationINFO, this week we will deep deeper into the actual grounds of inadmissibility that would require a waiver to be filed to seek entry into the U.S. If an applicant is subject to any of the below grounds of inadmissibility, then an Application for Waiver (Form I-601 and/or I-212) must be filed with supporting documentations to prove extreme hardship to the U.S. citizen or Permanent Resident Relatives.
Grounds of Inadmissibility:
1. Inadmissibility Due to Health concerns covers a range of situations. In general, they
include those who have a communicable disease of public health significance, those seeking immigrant status who have failed to receive necessary vaccinations against vaccine-preventable diseases, those who have or have had a physical or mental disorder with associated harmful behaviour or harmful behaviour that is likely to reoccur. Harmful behaviour is behaviour that poses, or has posed a threat to person or property, and those who are drug abusers or addicts.
2. Inadmissibility due to criminal reasons include crimes involving “moral turpitude,”
violation of any controlled substance law, multiple criminal convictions, drug trafficking, prostitution, commercialized vice, commission of a serious crime in the United States where a person has asserted immunity from prosecution, violations of Religious Freedom, human trafficking, money laundering.
3. Inadmissibility due to national security reasons include any person who a Department of State consular officer, DHS immigration officer, or DOJ immigration judge, knows or has reasonable ground to believe that the non-citizen seeks to enter the United States to engage in espionage or sabotage, to attempt to overthrow the U.S. government, has reasonable ground to believe that the non-citizen has participated in any terrorist activities or has any association with terrorist organizations, has reasonable ground to believe that the person presents a threat to foreign policy or has membership in any totalitarian party or has participated in Nazi persecutions or genocide.
4. Public Charge pertains to a person being inadmissible if he or she is likely to be primarily dependent on the government for subsistence.
5. Inadmissibility due to lack of labour certification: This ground makes certain aliens who seek to enter permanently (as immigrants) into the United States and to work inadmissible, unless the Secretary of Labor certifies that employment of the person will not adversely affect the wages and working conditions of U.S. workers similarly employed; and there are not enough U.S. workers willing, qualified, and able to do the same work.
6. Inadmissibility due to fraud or misrepresentation relates to any person who sought admission to the United States, a visa or other immigration travel or entry document, or any immigration benefit by fraud or willfully misrepresenting a material fact.
7. Inadmissibility due to prior removals or unlawful presence will bar any person from returning to the United States because they have been in the United States for a period in excess of 180 days, during a single stay, and then departed the United States. Also, individuals who are barred from returning to the United States because they had either been removed (or excluded or deported) from the United States or departed the United States on their own volition while a final order of removal was outstanding. Individuals who were unlawfully in the United States for a total of one year (whether accrued during a single stay or multiple stays) AND then, illegally (without being inspected and admitted or inspected and paroled) reentered the United States.
8. Miscellaneous grounds of inadmissibility include persons who entered the country illegally (without being inspected and admitted or paroled), persons who failed to attend immigration and/or removal hearings, smugglers, student visa abusers, former U.S. citizens who renounced citizenship to avoid taxation, practicing polygamists, unlawful voters, and international child abductors and relatives of such abductors.
Attorney Gail Seeram, LL.M., J.D., BBA
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Copyright © Law Offices of Gail S. Seeram, 2019. All Rights Reserved.
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