Waivers for Inadmissibility

Hey everyone, please find a comprehensive chart listing the grounds of inadmissibility and corresponding immigration waivers available  for applicants applying to be admitted to the United States.  It is provided for general informational purposes only.

The “NIV Waivers” column describes whether non-immigrant waivers, usually the 212(d)(3)(A) non-immigrant waiver, is available for those who wish to enter the U.S. temporarily as a non-immigrant (e.g. as a B-1/B-2 visitor, a F-1 student, a H-1B or TN professional worker, a E-2 Treaty Investor, etc).

The “IV Waivers” column describes whether an immigrant waiver is available for those who wish to permanently reside in the U.S.  Immigrant Waivers are typically applied for through the I-601 / I-601a “Extreme Hardship” or I-212 Waiver Process.

I know this is a crazy long post, but hopefully it is organized enough that you don't need to read everything to find out the information that you need.

ALIENS PREVIOUSLY REMOVED AND UNLAWFULLY PRESENT

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Previously Removed (INA 212(a)(9)(A)); (9 FAM 40.91)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212, (Permission to Reapply for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.	No waiver, but DHS may grant permission to reapply for admission to the United States to an alien otherwise inadmissible under this section. (Form I-212, Permission to Reapply). However, such permission to reapply does not remove the grounds which led to the alien’s denial of admission to or removal from the United States. The reason for such denial of admission or removal may lead to another ground of inadmissibility.
Aliens Unlawfully Present (INA 212(a)(9)(B)); (9 FAM 40.92 Notes)	INA 212(d)(3)(A) Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212 (Permission to Reapply) for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.	DHS has sole discretion to grant a 212(a)(9)(B)(v) waiver in the case of an immigrant who is the spouse, son, or daughter of a U.S. citizen or LPR, if refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawful resident spouse or parent of such alien.
Aliens Unlawfully Present After Previous Immigration Violations (INA 212(a)(9)(C)); (9 FAM 40.93 Notes)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	DHS has sole discretion to grant a 212(a)(9)(B)(v) waiver in the case of an immigrant who is the spouse, son, or daughter of a U.S. citizen or LPR, if refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawful resident spouse or parent of such alien.

ILLEGAL ENTRANTS, IMMIGRATION VIOLATORS, AND MISREPRESENTATION

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Present Without Admission or Parole (INA 212(a)(6)(A)); (9 FAM 40.61)	This ground does not apply at time of visa application.	This ground does not apply to visa applicants.
Failure to Attend a Removal Proceeding (INA 212(a)(6)(B)); (9 FAM 40.62)	INA 212(d)(3)(A) waiver is available. Inadmissibility applies for 5 years following departure or removal subsequent to removal hearing.	No waivers available. Inadmissibility apples for 5 years following departure or removal subsequent to removal hearing.
Fraud and Misrepresentation (INA 212(a)(6)(C)(i)); (9 FAM 40.63)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	INA 212(i) waivers are available if she or he is the spouse, son, or daughter of a U.S. citizen or of an LPR, but only if the petitioner would suffer extreme hardship if the waiver were not granted; or, if a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien, or the alien’s U.S. Citizen or LPR relative.
Stowaways (INA 212(a)(6)(D)); (9 FAM 40.64) Applies only to aliens seeking admission at a port of entry. You are not to refuse visas under this provision.	This ground does not apply at time of visa application.	This ground does not apply at time of visa application.
Smugglers (Knowingly Assisted) (INA 212(a)(6)(E)); (9 FAM 40.65)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(d)(11) waiver available. DHS may grant a waiver to an applicant for family-based immigration if the alien applicant had aided an individual who at the time of such action was the alien’s spouse, parent, son, or daughter entering or attempting to enter the United States in violation of the law. The brother or sister of a U.S. citizen is not eligible for this waiver. 2. DHS may grant an INA 212 (c) waiver to a LPR who is returning to the United States after a temporary absence abroad; had illegally assisted only his or her spouse, son, or daughter, or parent, and no others; and is otherwise eligible for admission. In this way, DHS avoids penalizing too heavily aliens already admitted to the United States who were not ineligible prior to the 1990 amendments to the law, who would now be inadmissible because of the 1990 amendments, and who had assisted only a close family member’s entry into the United States.
Subject of Civil Penalty or Final Order Under Section 274C (Document Counterfeiting) (INA 212(a)(6)(F)); (9 FAM 40.66 Notes)	INA 212(d)(3)(A)waiver available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	INA 212(d)(12) waiver is available. DHS may grant a waiver to: 1. Certain permanent resident aliens who have been abroad temporarily and are not under order of deportation; or 2. To aliens seeking admission or adjustment of status as immediate relatives or family-based beneficiaries (but for aliens seeking adjustment it must have been committed solely to assist, aid, or support the alien’s spouse or child).
Student Visa Abusers (INA 212(a)(6)(G)); (9 FAM 40.67)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
False Claim of Citizenship (INA 212(a)(6)(C)(ii)); (9 FAM 40.63)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver available.

CRIMINAL AND RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
Crimes Involving Moral Turpitude (INA 212(a)(2)(A)(i)(I); 9 FAM 40.21(a))	For those who do not fall under the exceptions to inadmissibility listed in 9 FAM 40.21, INA 212(d)(3)(A) waivers are available. Factors in considering whether to recommend a waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available in cases where the alien’s admission to the United States would not be contrary to the national welfare, safety and security of the United States and the applicant has been rehabilitated, and the activities for which the applicant is inadmissible occurred more than 15 years before the date of visa application; or 2. For the spouse, parent, son, or daughter of a U.S. citizen or legal permanent resident (LPR) if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. No waiver is available if the applicant has been convicted of (or has admitted committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Controlled Substance Violators (INA 212(a)(2)(A)(i)(II)); (9 FAM 40.21(b))	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security of the United States; and the alien has been rehabilitated and the inadmissible act occurred more than 15 years before the visa application; or 2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. INA 212(h) is only available if the violation relates to a single offense of simple possession of 30 grams or less of marijuana.
Multiple Criminal Convictions (INA 212(a)(2)(B)); (9 FAM 40.22 Notes)	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if: activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application; the alien’s admission to the United States would not be contrary to the national welfare, safety, or security; and the applicant has been rehabilitated; or 2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. If the alien is a VAWA self-petitioner. No waiver is available if the applicant has committed murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years (INA 212(a)(2)(C)); (9 FAM 40.23 Notes)	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Prostitution and Commercialized Vice Within the Past 10 Years of the Date of Application for a Visa, Admission, or Adjustment of Status (INA 212(a)(2)(D); and INA 212(a)(2)(A)(i)(I)) (9 FAM 40.24)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available in cases of prostitution (D)(i)or procuring (D)(ii) if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated. In cases of other commercialized vice (D)(iii), 212(h) is available if the two conditions above are met, and all relevant criminal acts took place more than 15 years before the date of application; or 2. Available to IV applicants with a close family relationship (spouse, parent, son, or daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the petitioning U.S. citizen or LPR and the alien has been rehabilitated; or 3. The alien is a VAWA self-petitioner.
Certain Aliens Involved in Serious Criminal Activity Who Have Asserted Immunity from Prosecution (INA 212(a)(2)(E)) (9 FAM 40.25)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application, the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated; or 2. For applicants with a close family relationship (spouse, parent, son, or daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. Neither waiver is available if the alien has committed murder or criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Foreign Government Officials Who Have Committed Particularly Severe Violations of Religious Freedom (INA 212(a)(2)(G)); (9 FAM 40.26)	INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.	No waiver is available.
Significant Traffickers in Persons and Beneficiaries, Certain Family Members of Trafficker Who Obtained Financial or Other Benefit and Knew or Have Known that the Financial Benefit was the Product of Illicit Activity in Past 5 Years (INA 212(a)(2)(H)); (9 FAM 40.27 Notes)	INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.	No waiver is available.

DOCUMENTATION REQUIREMENTS

Class of Inadmissibility	NIV Waivers	IV Waivers
No Entry Documents – Immigrants (INA 212(a)(7)(A)); (9 FAM 40.71)	Not applicable.	No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Nonimmigrants Not in Possession of Passport Valid for Six Months of Nonimmigrant Visa or Border Crossing Card (INA 212(a)(7)(B)); (9 FAM 40.72 Notes)	INA 212(d)(4) waiver is available: 1. On the basis of unforeseen emergency in individual cases; or 2. On the basis of reciprocity to nationals of a foreign contiguous territory or of adjacent islands (and residents of those territories or islands having a common nationality with such nationals).	Not applicable.

HEALTH RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
INA 212(a)(1)(A)(i) – Communicable Disease of Public Health Significance (INA 212(a)(1)(A)(i); (9 FAM 40.11)	INA 212(d)(3)(A) waiver is available.	INA 212(g) waiver is available for: 1. The spouse, unmarried son or daughter, or minor unmarried lawfully adopted child of: a U.S. citizen, an alien who has been issued an immigrant visa, or an alien who has been lawfully admitted for permanent residence; or 2. The parent of a son or daughter who is: a U.S. citizen, a lawfully admitted permanent resident alien, or an alien who has been issued an immigrant visa; or 3. A Violence Against Women Act (VAWA) self-petitioner.
Failure to Submit Proof of Vaccination INA 212(a)(1)(A)(ii) (INA 212(a)(1)(A)(iii); (9 FAM 40.11)	Not Applicable.	1. If alien receives vaccines that are initially missing, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-1; INA 212(g)(2)(A)) 2. If the panel physician determines required vaccinations would be medically inappropriate, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-2; INA 212(g)(2)(B)) 3. If there is a religious or moral objection to vaccination, a waiver may be approved by Department of Homeland Security (DHS). (9 FAM 40.11 N12.5-3 and INA 212(g)(2)(C))
Physical or Mental Disorder and Behavior Associated with the Disorder Which May Pose, or Has Posed a Threat, to Property or Safety, of the Applicant or Others and Which is Likely to Recur (INA 212(a)(1)(A)(iii); 9 FAM 40.11)	212(d)(3)(A) waiver is available, subject to conditions proposed by the Department of Health and Human Services (HHS), such as a requirement that a family member or medical escort accompany the applicant. (9 FAM 40.11 N13)	INA 212(g)(3) waivers are granted at the discretion of DHS in consultation with HHS. Waivers may be subject to conditions proposed by the Department of Health and Human Services, such as the giving of bond or requirement that a family member or medical escort accompany the applicant.
Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.” (INA 212(a)(1)(A)(iv); (9 FAM 40.11 N12)	212(d)(3)(A) waiver available upon recommendation of the consular officer to DHS/USCIS. (9 FAM 40.11 N13.2 and N14)	No waiver is available. However, a “CLASS A” inadmissibility finding by the panel physician may be overcome in the future according to CDC guidelines. (9 FAM 40.11 N13.2)

SECURITY AND RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
General Prejudicial Activities: Espionage, Sabotage, or Prohibited Export of Sensitive Technology, or Sensitive Information (INA 212(a)(3)(A)); (9 FAM 40.31)	No waiver is available but the inadmissibility applies only to current circumstances. Mandatory Security Advisory Opinion (SAO) required for inadmissibility finding.	No waiver is available but inadmissibility applies only to current circumstances.
Terrorist Activities (INA 212(a)(3)(B)); (9 FAM 40.32)	INA 212(d)(3)(A) waiver is available. SAO to VO/L/C is mandatory.	No waiver is available.
Entry Would Have Potentially Serious Adverse Foreign Policy Consequences (INA 212(a)(3)(C)); (9 FAM 40.33)	No waiver is available but inadmissibility applies to current circumstances. SAO is mandatory for inadmissibility finding.	No waiver is available but inadmissibility applies to current circumstances. SAO mandatory.
Membership or Affiliation with Communist or Other Totalitarian Party, Domestic or Foreign (applies only to immigrants) (INA 212(a)(3)(D)); (9 FAM 40.34)		INA 212(a)(3)(D) waiver available. Also, there are exceptions contained in INA 212(a)(3)(D) relating to past membership and/or involuntary membership.
Participation in Nazi Persecutions or Genocide and Commission of Acts of Torture or Extrajudicial Killings (INA 212(a)(3)(E)); (9 FAM 40.35(a) and 9 FAM 40.35(b))	INA 212(d)(3)(A) waiver is available for acts of torture or extrajudicial killing. SAO mandatory for finding.	No waiver is available.
Associations with Terrorist Organizations (INA 212(a)(3)(F)); (9 FAM 40.36)	INA 212(d)(3)(A) waiver is available. SAO mandatory	No waiver is available.
Recruitment or Use of Child Soldiers (INA 212(a)(3)(G)); (9 FAM 40.38)	INA 212(d)(3)(A) waiver is available. SAO mandatory	No waiver is available.

PUBLIC CHARGE

Class of Inadmissibility	NIV Waivers	IV Waivers
Public Charge (INA 212(a)(4)(A)); (9 FAM 40.41)	The refusal on this ground may be overcome. Typically, refusals are overcome if an applicant presents evidence that convinces the consular officer that the inadmissibility no longer applies.	No waiver is available. Applicants may overcome the finding by presenting evidence to convince you that the inadmissibility no longer applies. While there are provisions for overcoming the inadmissibility by posting a bond with DHS, the applicant is still subject to Affidavit of Support (AOS) and income requirements. Consequently, there are few circumstances in which a bond would be offered as an alternative to the AOS.

LABOR AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Entering the United States to Perform Skilled or Unskilled Labor Whose Intended Employment Has Not Been Certified by the Department of Labor or Who is Unqualified for His/Her Certified Employment. (INA 212(a)(5)(A)); (9 FAM 40.51)	Not applicable to NIV.	No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Unqualified Physicians (INA 212(a)(5)(B)); (9 FAM 40.52)	Not applicable to NIV.	No waiver is available.
Uncertified Foreign Health Care Workers (INA 212(a)(5)(C)); (9 FAM 40.53 Notes)	Discretion must be applied on a case-by-case basis; reference 9 FAM 40.53 N3.	No waiver is available, but this can be overcome. See 9 FAM 40.53 N1.

INELIGIBLE FOR CITIZENSHIP

Class of Inadmissibility	NIV Waivers	IV Waivers
Permanently Ineligible for Citizenship (Immigrant Visas) (INA 212(a)(8)(A)); (9 FAM 40.81 Notes)	Not applicable.	No waiver is available. INA 212(c) relief is available for certain returning residents. Advisory Opinion required.
Any Alien Who Departed from or Remained Outside the United States to Avoid Service in the Armed Forces in Time of War or National Emergency (INA 212(A)(8)(B)); (9 FAM 40.82 Notes)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available. INA 212(c) relief is available for certain returning residents.

MISCELLANEOUS

Class of Inadmissibility	NIV Waivers	IV Waivers
Practicing Polygamists (INA 212(a)(10)(A)); (9 FAM 40.101)	Not applicable.	No waiver is available. INA 212(c) relief is available for certain returning residents.
Guardian Required to Accompany Helpless Alien (INA 212(a)(10)(B)); (9 FAM 40.102)	Not applicable at time of visa application. This is applied only at the port of entry (POE) by DHS.	Not applicable at time of visa application.
International Child Abduction (INA 212(a)(10)(C)); (9 FAM 40.103 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Unlawful Voters (INA 212(a)(10)(D)); (9 FAM 40.104 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Former Citizens Who Renounced Citizenship to Avoid Taxation (INA 212(a)(10)(E)); (9 FAM 40.105 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.

OTHER INADMISSIBILITIES

Class of Inadmissibility	NIV Waivers	IV Waivers
Educational Visitor Status: Foreign Residence Requirement; Waivers (INA 212(e)); (9 FAM 40.202)	The foreign residence requirement of INA 212(e) may be waived by the Department of Homeland Security (DHS) upon recommendation from CA/VO/L/W.	The foreign residence requirement of INA 212(e) may be waived by the DHS upon recommendation from CA/VO/L/W.
Presumption of Immigrant Status (INA 214(b)); (9 FAM 40.203 Notes)	No waiver is available.	Not Applicable.
Alien Who Knowingly Made a Frivolous Application for Asylum (INA 208(d)(6)); (9 FAM 40.206)	No waiver is available.	No waiver is available.
Aliens Involved in Confiscation of Property of U.S. Nationals (Section 401 of Public Law 104-114); (9 FAM 40.207 Notes)	Where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be inadmissible under this section is necessary for medical reasons or for purposes of litigation of an action under Title III.	No waiver is available.
Aliens Involved in Confiscation of Property of U.S. Nationals (Section 401 of Public Law 104-114); (9 FAM 40.207 Notes)	Where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be inadmissible under this section is necessary for medical reasons or for purposes of litigation of an action under Title III.	No waiver is available.
Aliens Involved in Political Killings (Section 616 of Public Law 105-277); (9 FAM 40.208)	No waiver is available.	No waiver is available.
Suspension of Entry or Imposition of Restrictions by President (INA 212(f))	No waiver is available.	No waiver is available.
Visa Overstay (INA 222(g)); (9 FAM 40.68 and 9 FAM 41.101)	No waiver except where extraordinary circumstances are found by the Secretary of State to exist.	Not applicable.
Persons Engaged in Forced Abortions or Sterilization (8 U.S.C. 1182(e))	If the Secretary of State determines that it is important to the national interest of the United States to do so and provides written notification to the appropriate congressional committees containing a justification for the waiver.	Not applicable.
Chinese and Other Nationals Engaged in Coerced Organ or Bodily Tissue Transplantation (8 U.S.C. 1182(f))	If the Secretary of State determines that it is important to the national interest of the United States to do so, and no later than 30 days after the issuance of a visa, the Secretary provides written notification to the appropriate Congressional committee containing a justification for the waiver.	Not applicable.
Persons Credibly Alleged to Have Aided and Abetted Colombian Insurgent and Paramilitary Groups (Section 3205 of Public Law 106-246)	1. If the Secretary of State finds, on a case by case basis, that the entry into the United States of a person who would otherwise be inadmissible under this section is necessary for medical reasons. 2. To permit the prosecution of such person in the United States or when the person has cooperated fully with the investigation of crimes committed by individuals associated with the Revolutionary Armed Forces of Columbia (FARC), the National Liberation Army (ELN), or the United Columbian Self Defense Organization (AUC). 3. The President may waive the limitation if he determines that the waiver is in the national interest.	No waiver is available.

Well, I hope this was beneficial for you. I mentioned the I-601 waiver (Extreme Hardship) above, but with this post being so long, I decided not to go into much detail. I promise that I will touch upon that waiver in another post since it is one of the most commonly used waivers. I hope this post helped and if you have any questions, please reach out. I am happy to help.

Grounds of Deportability

One thing that most people who want to immigrate want to know is what prevents them from immigrating in the first place (inadmissible) and what would things would cause them to no longer be allowed to stay in the United States (deportable). Though for the most part, these two lists are similar, there are some differences that people need to be aware of. This post will focus solely on the Grounds of Deportability, since my last post focused on the Grounds of inadmissability. I also  plan on explaining some of the waivers available to people in a later post, so look out for that one as well. In addition, I know that there is a lot of information in this post, please if you have any questions, please contact me, I am happy to help.

DEPORTABLE

To say that someone is deportable means the immigrant is located in the United States illegally. This is different from being inadmissible since that deals with immigrants who are still outside of the United States. With that said, the grounds that make these immigrants deportable can be found in INA §237. These grounds are:

1.  Inadmissible at Time of Entry or of Adjustment of Status or Violates Status
1. They who have come into the United States illegally and who would have been inadmissible.
2. Their non-immigrant visa has been revoked (due to violations of conditions of entry, violating status, etc) or expired and they have remained in the United States.
3. Their conditional permanent residence has been revoked due to violating conditions of entry.
4. Any immigrant who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other immigrant to enter or to try to enter the United States in violation of law.
5. Those who have been admitted through fraud, especially marriage fraud.
2. Criminal Grounds
1. Crimes of Moral Turpitude - One who is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an immigrant provided lawful permanent resident status under §245(j)) after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed
2. Multiple criminal convictions.-Any immigrant who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial.
3. Aggravated felony.-Any immigrant who is convicted of an aggravated felony at any time after admission.
4. High Speed Flight.-Any immigrant who is convicted of a violation of section 758 of title 18, United States Code, (relating to high speed flight from an immigration checkpoint).
5. Violation of Controlled Substance Laws - Any conviction relating to illegal drugs except for a single offense involving possession for one's own use of 30 grams or less of marijuana.
6.  Drug Abusers and Addicts.-Any immigrant who is, or at any time after admission has been, a drug abuser or addict.
7. Certain Firearm Offenses.-Any immigrant who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device.
8. Miscellaneous Crimes (Including conspiracy or attempt) - Espionage, Sabotage, Treason and Sedition, etc.
9. Domestic Violence, Stalking, or Violation of Protection Order, and Crimes against Children
10. Trafficking - Any immigrant who is involved in any kind of trafficking.
3. Failure to Register and Falsification of Documents
1. Immigrants who do not notify the government upon changing their address.
2. Any immigrants who falsify documents
3. Any immigrant who falsely claims citizenship
4. National Security Grounds
1. Any immigrant who engages in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information; any other criminal activity which endangers public safety or national security, or any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means.
2. Any immigrant who engages in terrorist activities
3. Foreign Policy - Any immigrant whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.
4. Any immigrant who has participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing.
5. Any immigrant who has participated in the commission of sever violations of religious freedom.
6. Any immigrant who has engaged in the use or recruitment of child soldiers.
5. Public Charge 
1. Any immigrant who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry.
6. Unlawful Voters
1. Any immigrant who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.

Once again, I know this is a pretty exhaustive list, but it is important to know what could prevent someone from staying the United States. In addition, as I said above, I will be doing a post Waivers that can help those that fit into these categories. I hope this helps. If you have any questions, please contact me. This is a very complex system, and everyone deserves the right to be represented from a competent attorney.

Grounds of Inadmissibility

One thing that most people who want to immigrate want to know is what prevents them from immigrating in the first place (inadmissible) and what would things would cause them to no longer be allowed to stay in the United States (deportable). Though for the most part, these two lists are similar, there are some differences that people need to be aware of. This post will focus solely on the Grounds of Inadmissibility, but I plan on writing and posting the Grounds of Deportability this week. I also  plan on explaining some of the waivers available to people in a later post, so look out for that one as well. In addition, I know that there is a lot of information in this post, please if you have any questions, please contact me, I am happy to help.

INADMISSIBLE

To say that someone is inadmissible means that they are not permitted to enter this country legally. With that said, the groups of people that are considered inadmissible are:

1. Non-citizens who entered without inspection;
2. Non-citizens paroled into U.S.; 
3. Non-citizens arriving at border or port of entry;
4. Non-citizens applying for visa or adjustment of status; and
5. Non-citizens applying for certain benefits. 

Out of all these groups of people who are not admissible, probably the most notable one are those who have entered the United States illegally at first, but are not trying to gain lawful status. 

With the understanding of who is inadmissible, the grounds that make them inadmissible are found in the INA §212. These grounds are:

1. Health Grounds 
1. They have a communicable disease of public health significance.
2. They have failed to receive necessary vaccinations against vaccine-preventable diseases.
3. They have or have had a physical or mental disorder with associated harmful behavior or harmful behavior that is likely to reoccur.
4. They are drug abusers or addicts. 
2. Criminal Grounds 
1. Crimes involving "moral turpitude." (See previous post)
2. Violation of any controlled substance law - Any violation of any laws, foreign or domestic, relating to illegal drugs can be a ground of inadmissibility.
3. Multiple Criminal Convictions - Any person convicted of two or more crimes is inadmissible if the person was sentenced to five or more total years in prison (counting the sentences in the aggregate). This applies regardless of whether the crimes involved moral turpitude or the multiple convictions arose from a single trial or scheme of misconduct.
4. Drug trafficking - If any immigration officer "knows or has reason to believe" that a person has been involved in trafficking in controlled substances, that person is inadmissible to the United States. This includes individuals who aid, abet, conspire, or collude with others in illicit drug trafficking.
5. Prostitution - Any person coming to the United States to engage in prostitution, or any person who has engaged in prostitution within ten years of his or her application for a visa, adjustment of status, or entry into the United States, is inadmissible. This section also applies to those who have made a profit from prostitution. 
6. Commercialized Vice - Any person coming to the United States to engage in any unlawful commercialized vice is inadmissible.
7. Commission of a serious crime in the United States where a person has asserted immunity from prosecution - Any person who has committed a serious criminal offense and is granted immunity from criminal prosecution is inadmissible if he or she leaves the United States and fails to return and submit him or herself to the jurisdiction of the federal court overseeing the criminal case.
8. Violations of Religious Freedom - Any person who, while serving as a foreign government official, was responsible for or directly carried out particularly severe violations of religious freedom is inadmissible.
9. Human Trafficking - Any person who commits or conspires to commit human trafficking, or aids, abets, or colludes with an individual who is a trafficker in the United States or outside the United States is inadmissible.
10. Money Laundering - Any person who is engaged, is engaging, or seeks to enter the United States to engage in an offense relating to laundering of financial instruments is inadmissible.
3. National Security Grounds
1. 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, or to engage in any unlawful activity that person, is inadmissible.
2. 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 has participated in any terrorist activities or has any association with terrorist organizations, governments or individuals, is inadmissible.
3. 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 person presents a threat to foreign policy or has membership in any totalitarian party that person may be inadmissible.
4. Any person who has participated in Nazi persecutions or genocide is inadmissible
4. Public Charge
1. A public charge is a person who is primarily dependent on the government for subsistence. Whether or not a person is likely to become a public charge is determined by examining several factors. At a minimum, the factors that must be considered are health, family status, age, assets, employment history, and education. If after considering the totality of the individual’s circumstances, the officer determines that the person is likely to become primarily dependent on the government for subsistence, that person is inadmissible as a public charge.
5. Labor Protection Grounds
1. Employment of the person will not adversely affect the wages and working conditions of U.S. workers similarly employed; and
2. There are not enough U.S. workers willing, qualified, and able to do the same work
6. Fraud or Misrepresentation
1. Any person who seeks 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 is inadmissible.
7. Prior removals or unlawful presence in the U.S.
1. Individuals who are barred 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.
2. 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.
3. 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 
1. Persons who entered the country illegally (without being inspected and admitted or paroled)
2. Persons who failed to attend immigration and/or removal hearings
3. Smugglers
4. Student visa abusers
5. Former U.S. citizens who renounced citizenship to avoid taxation
6. Practicing polygamists
7. Unlawful voters
8. International child abductors and relatives of such abductors

Once again, I know this is a pretty exhaustive list, but it is important to know what would preclude someone from being admitted into the United States. In addition, as I said above, I will be doing posts both on Deportability Grounds as well as Waivers that can help those that fit into these categories. I hope this helps. If you have any questions, please contact me. This is a very complex system, and everyone deserves the right to be represented from a competent attorney.

Crimes Against Moral Turpitude

So in my last post, I mentioned that I would do a more detailed post on Crimes Involving Moral
Turpitude (CIMT). First off, a committing a CIMT is grounds for deportability. This post will describe 1) What is a CIMT?; and 2) When Will a Crime of Moral Turpitude Make Someone Deportable?.

1) What is a CIMT?

Unfortunately, CIMT is not defined within the Immigration and Nationality Act (INA), and is not a something that immigrants will be told that have committed when they are arrested or formally charged. Congress has left it up to the courts to determine its definition and even that has resulted in a comprehensive, agreed upon list. The biggest issue is that each crime is different in each state, resulting in different penalties and different factual scenarios.

In law school, I was taught that many people look at a CIMT as something that "shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.”​

With that said, many people can, for the most predict what could be considered a CIMT. For example, murder or kidnapping, are crimes that most people can agree on that would shock the public conscience. However, some crimes are not so easily identifiable. For example, any theft crime is considered a CIMT. That can include a $10 shoplifting trip to Walmart. In my last post, I mentioned a client who accidentally walking out of a store without paying for the shoes that she put on her child's feet. That accident, caused her to commit a CIMT.

Now this may seem harsh, but these are the guidelines that the courts have given us. The problem is that depending on the state the crime is committed, it can be difficult to figure out what crimes reach the level of a CIMT. For your benefit here are 6 categories that may be of use to you when trying to figure out if your immigration status is at risk.

1. Crimes Against the Person, such as murder, voluntary or reckless manslaughter, aggravated battery, kidnapping, attempted murder, assault with intent to rob or kill or to commit abortion or rape, domestic violence, stalking, child abuse, child neglect, child abandonment, violation of a protection order, and repeated harassment or bodily injury.
2. Sexual Offenses, such as rape (whether common law or statutory), adultery, bigamy, prostitution, lewdness, sodomy, gross indecency, and possession of child pornography.
3. Crimes Against Property, such as burglary (if the intended offense involves moral turpitude, since unlawful entry and remaining unlawfully on a property by themselves are not CIMTs), and breaking and entering to commit larceny.
4. Theft Offenses, such as trafficking in counterfeit goods and receipt of stolen property, which may be both a CIMT and an aggravated felony.
5. Crimes Against the Government, such as counterfeiting, perjury, willful tax evasion, bribery (or attempted bribery), using the mail to defraud, misprision of a felony, harboring a fugitive, conspiracy to commit an offense against the United States, making false statements to avoid being drafted, and draft evasion
6. Crimes Involving Fraud, whether against government or individuals, except for false statements not amounting to perjury. Examples include forgery, making false statements to obtain a U.S. passport or U.S. naturalized citizenship, a driver's license, or a firearm; passing bad checks; false representation of a Social Security Number; money laundering; and conspiracy to affect a public market in securities.

This is not a complete list (since one does not exist), but this can be useful. This list was obtained at https://www.lawyers.com/legal-info/immigration/deportation/grounds-for-deportation-moral-turpitude.html. 

2. When Will a Crime of Moral Turpitude Make Someone Deportable?.

The I.N.A. makes removable a non-citizen who has been either:

1. convicted of a crime involving moral turpitude (CIMT) that was committed within five years after the date of admission to the U.S. and resulted in a sentence of imprisonment for at least one year, or
2. convicted of two CIMTs not arising out of a single scheme of criminal misconduct, with neither the time of commission of the offense nor the sentence imposed being relevant.

However, a non-citizen who has been convicted of a single misdemeanor that's classified as a petty offense is not removable, so long as the actual sentence that was imposed was six months or less, and the maximum sentence that could have been imposed is no more than one year. For more on this subject see my previous post here.

Well that is about all there is to say on this subject in this forum. I hope this article helps, if you have any more questions or need legal advise please contact me either by email or by phone. I am here to help. This is my passion and I want to help.