The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required) , fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.
What does waiver of grounds of inadmissibility mean?
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence , or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from ...
Who qualifies for a waiver of inadmissibility?
Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.
Is unlawful presence a ground of inadmissibility?
The 10-year Unlawful Presence Bar
If you are an alien and are not a lawful permanent resident of the United States, you may be inadmissible for 10 years if: You accrued one year or more of unlawful presence during a single stay in the United States on or after April 1, 1997; and.
What is the inadmissibility rule?
The public charge ground of inadmissibility has been a part of the U.S. immigration law for more than 100 years. An alien who is likely at any time to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident .
How long does a waiver take to get approved?
In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.
What medical conditions are inadmissible to USA?
- Gonorrhea;
- Hansen’s Disease (Leprosy), infectious;
- Syphilis, infectious stage; and.
- Tuberculosis (TB), Active—Only a Class A TB diagnosis renders an applicant inadmissible to the United States.
How do I know if I am inadmissible to USA?
A person is inadmissible if they have a physical or mental disorder and the behavior associated with the disorder may pose (or has posed and is likely to reoccur) a threat to the property, safety or welfare of the person or others.
How do you prove extreme hardship?
- You must have a “qualifying relative” who is a U.S. citizen or permanent resident.
- The USCIS considers extreme hardship to your qualifying relative, not to you. ...
- Your qualifying relative does not have to be the person who sponsored you for immigration.
What percentage of I-601 waivers are approved?
For I-601 waivers:
The average approval rate for I-601 waivers is 79.6% (for a total of 51,628); The average denial rate is 20.4% (for a total of 13,198);
What is unlawful status?
Unlawful Status can refer to an individual who violates the terms of their visa . An individual will fall ‘out of status’ on the date that they violate the terms of their non-immigrant visa. Also, if someone overstays their visa, they will be out of status.
How many days is an unlawful presence?
Being unlawfully present in the U.S. can t rigger 3- or 10-year bans on entering the U.S. in the future. Essentially, unlawful presence of more than 180 days but less than 365 days triggers a three-year ban on entering the U.S. while “ unlawful presence of one year or more triggers a ten-year ban.
Can the 10 year bar be waived?
Waivers of the 3- or 10-year unlawful presence bars are available only to people who can show that certain members of their family would suffer “extreme hardship” should they be separated .
Does food stamps affect citizenship 2021?
As long as you received public benefits lawfully (without using fraud, for example), it will not hurt or affect your eligibility for naturalization . When you apply for U.S. citizenship (naturalization), you must show that you meet the basic requirements.
What does not admissible mean?
If something’s inadmissible, it’s not allowed or permitted , usually because it’s seen to be irrelevant. ... In a courtroom, when evidence is declared inadmissible by a judge, that means it can’t be mentioned during a trial — it’s not relevant or valid.
Who is exempt from the public charge grounds of inadmissibility?
Congress has exempted certain classes of immigrants from the public charge ground of inadmissibility. For instance, refugees, asylees , and Afghans and Iraqis with special immigrant visas are exempt from public charge inadmissibility.
