green card inadmissibility

For more information, see, Immigrants Seeking Visas, Asylum, and Green Cards, Dealing With Delay or Denial of Your Green Card, Section 212 of the Immigration and Nationality Act, Consequences of Unlawful Presence in the U.S.: Three- and Ten-Year Time Bars, The Permanent Bar to Immigration for Certain Repeat Violators, Crimes That Make U.S. Visa or Green Card Applicants Inadmissible, Who Is Barred From the U.S. as a Terrorist, Spy, or for Other Security Reasons. In addition to Form I-864, most applicants will be required to submit the new Form I-944. Official websites use .gov WASHINGTON — U.S. 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. Waivers of Inadmissibility concern those applying for a U.S. visa that are inadmissible as a result of arrests, cautions, criminal convictions or prior US immigration violations. Fortunately for many applicants, a finding of inadmissibility is not necessarily the end of their green card hopes. However, not every type of applicant is subject to every ground of inadmissibility. 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. In some states, the information on this website may be considered a lawyer referral service. The U.S. government is responsible for ensuring that new immigrants do not introduce communicable diseases, physical or mental disorders with associated harmful behavior, or drug abuse problems. Use Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for permanent residence while in the United States. Congress also requires all green card applications to establish that they have been vaccinated against certain vaccine-preventable diseases.

No, and that is what make things confusing. The ground of inadmissibility are reasons an individual could be denied entry, a visa, or a green card in the United States that doesn’t apply to everyone. Finally, the Final Rule includes a requirement that aliens seeking an extension of nonimmigrant stay or change of nonimmigrant status demonstrate that they have not received public benefits over the designated threshold since obtaining the nonimmigrant status they seek to extend or change. 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). Section 212 of the Immigration and Nationality Act (I.N.A.) If you're in the U.S., you also might be put into removal proceedings. There are many technical factors that control whether you can overcome a finding of inadmissibility. you have a U.S. citizen or lawful permanent resident spouse, fiancé, child, or parent who will experience extreme hardship if you are denied admission.

Most notably, the ground of inadmissibility of the 3-year or 10-year bars applies to applicants who go through consular processing, but not to applicants already residing in the United States who are seeking to adjust status. When Is a Waiver of Inadmissibility Available to a Green Card Applicant? The various agencies handling your immigration-related applications may decide you are inadmissible any time you ask for permission to enter or stay in the United States. This is different than saying that some applications will ultimately be denied. Section 212 of the Immigration and Nationality Act (I.N.A.) To gain entry into the United States as a lawful permanent resident (green card holder), a foreign national must meet several requirements in the family-based immigration system. If you are inadmissible to the United States based on one of the grounds of inadmissibility discussed here, it’s a good idea to consult with an immigration attorney to determine your eligibility for a waiver and help you prepare a convincing application. 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, … 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.

Mitigating factors may turn an otherwise weak application into a successful one. Green Card Waivers. Extreme hardship is not defined in the law itself, but is understood to mean hardship greater than what a qualifying relative could be expected to experience if you were denied admission to the United States. Consider introducing evidence of “mitigating” factors to your waiver application. Being ‘eligible’ for an immigration category means that 1) the sponsor has legal status in the United States; 2) the family relationship between applicant and sponsor meets U.S. immigration agencies criteria.

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