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INA 212(a) General grounds of inadmissibility to the United States

Some persons  are inadmissible and so  are ineligible to receive visas and ineligible to be admitted to the United States. The following is a list of grounds of inadmissibility to the U.S.

  • (1) Health-related grounds
  • (2) Criminal Grounds
  • (3) Security and related grounds
  • (4) Public Charge
  • (5) Person who is not in possession of Labor Certification if who seeks to enter the United States for the purpose of performing skilled or unskilled labor
  • (6) Illegal entrants and immigration violator
  • (7) Persons who are not in possession of required documents (a valid unexpired immigrant visa, reentry permit, border crossing identification card, and a valid unexpired passport).

The following waivers are available for the individuals who are inadmissible:

I-601A Provisional Waiver

The provisional unlawful presence waiver process allows immediate relatives of U.S. citizens who came to the U.S. without inspection are currently residing in the U.S. to apply for a provisional waiver

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Unlawful Presence Waiver

Unlawful presence generally relates to a person staying beyond the time period authorized by DHS upon entry or in the course of a change/extension of status unless DHS authorizes the stay.

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212(i) Fraud Waivers

The immigration law provides a discretionary waiver for immigrants who are subject to a ground of inadmissibility based on fraud or misrepresentation in procuring or attempting to procure an immigration

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Waiver for crime-related grounds of inadmissibility

The 212(h) waiver for crime-related grounds can be used for various grounds of inadmissibility and has different requirements depending on the ground of inadmissibility and other factors.

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False Claim of U.S. Citizenship

The false claim of U.S. citizenship is ground of inadmissibility, INA § 212(a)(6)(C)(ii), applies to any foreign national who,  falsely represents himself or herself to be a U.S.citizen for any purpose or benefit under the INA

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Waivers for health-related grounds of inadmissibility

Individuals with certain communicable diseases of significant public interest, individuals with certain physical and mental conditions, and individuals who failed to obtain the required vaccination or proof of

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Returning to the U.S. After Deportation or Removal

A person who is barred from admission due to an order of removal or exclusion under INA 212(a)(9)(i) or (ii) may apply for readmission prior the period of inadmissibility by seeking an I-212 waiver .

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This waiver is available to individuals who gained an immigrant visa or adjustment of status by fraud or misrepresentation. Only a person in removal  proceedings could apply for for 237(a)(1)(H) waiver.

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How to apply for a waiver of grounds of inadmissibility

Form I-601 is used to file a waiver. Most I-601 waiver applications are based on showing that a qualifying relative would suffer extreme hardship if the immigrant applicant were to be denied entry

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Public Charge Bar

Under INA 212(a)(4) any alien who, in the opinion of the immigration officer at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

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Who need immigrant Waiver?

       Some individuals are not eligible to be admitted to the United States as an immigrant or to adjust status in the United States. The INA  §212(a) identifies a long list of grounds of inadmissibility. If the  issue the foreign national faces is not found in INA §212, then it’s not a ground of inadmissibility. Before the issue of admissibility or inadmissibility can be addressed, the applicant must demonstrate that he or she is eligible for visa classification.  If an applicant is not eligible for a certain visa no issue of inadmissibility exists. Once the applicant is eligible for a visa or adjustment of status the appropriate waiver could be considered.   

           However, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General. Congress provided for Immigration Waivers because it recognized that there are cases where the admission of otherwise inadmissible aliens is desirable for humanitarian reasons or for reasons of public interest.
Cleveland Immigration Lawyer

Frequently Asked Questions

Q:  After I have obtained non-immigrant waiver will I have any problems to come back?

A:  The waiver gives you the right to board a US-bound flight from an overseas departure point but it by no means guarantees your admission once you land and present yourself for inspection to the CBP officer at the US airport or POE. While your case will be considered with some sympathy due to the consulate having granted you a waiver, you will still be thoroughly questioned and to be admitted must convince the officer of your intent to depart after a temporary visit.

We have uncommon success in obtaining immigration waivers on behalf of our clients. If you are told that you may not enter the U.S. and are handed a waiver packet please consult with a competent Immigration Attorney before you attempt to return to the country.

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