Under the U.S. Immigration and Nationality Act (“INA”) for grounds of removal from the United States, there are two various categories. The two categories include: grounds of inadmissibility under § 212(a) and grounds of Deportation under § 237(a)(1)(A). The grounds of inadmissibility are applied to those that wish to enter the United States and have not yet been granted admission. The grounds of deportation are applied to those who have been allowed entry into the United States, and physically reside within the United States, but who can now be deported due to some legal violation.
To enter the United States, a foreign person must meet all applicable requirements and show that they are not inadmissible under the U.S. Immigration and Nationality Act. In some cases, there are exceptions in which no waiver is required in order to overcome inadmissibility. There are also exceptions in specific cases involving minors, abused, trafficked, or battered individuals. There are several grounds of inadmissibility. The most common grounds include the following:
- Being inadmissible due to national security reasons: Participated in genocide, terrorist activities, or membership in totalitarian party
- Being inadmissible due to health reasons: Drug addiction, failure to receive necessary vaccinations, various diseases, mental or physical health disorder that may result in harmful behavior
- Being inadmissible due to criminal reasons: Crimes of moral turpitude, drug trafficking, money laundering, multiple convictions, human trafficking, etc.
- Being inadmissible due to fraud: Willfully misrepresenting or misinterpreting information for self-gain in entering the US
- Being inadmissible due to unlawful presence in US prior: Stayed longer than the period of 180 days in a single stay, unlawful stay in US for over a year & illegally reentering
- Being inadmissible due to labor certification missing: Necessary in order to permanently enter the US
- Being inadmissible due to public charge likelihood: Completely dependent on the government for subsistence
- Being inadmissible due to miscellaneous reasons: Entering US illegally, unlawful voting, failure to attend removal hearings, polygamists, child abduction, smuggling, etc.
The provisional unlawful presence waiver solely applies to the immediate relatives of U.S. citizens who are residing in the United States but seek an immigrant visa. Immediate relatives refer to the parents, spouses, and children of US citizens. This immigrant visa that they are seeking would be through a consulate abroad or consular processing at a U.S. Embassy. Individuals who may have subject to more than one ground of inadmissibility will not longer be eligible for the provisional unlawful presence waiver. However, they may seek another waiver through the Application for Waiver of Grounds of Inadmissibility, waiver process.
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