Unlawful Presence related inadmissibility
Remaining in the U.S. unlawfully for more than 180 days or one year or more will trigger this ground.
What is Unlawful Presence, three and ten-year bars?
This controlled substance is legalized in many states but not by the federal government, so still a problem for noncitizens.
What is marijuana (or cannabis)?
If only these relatives are assisted or encouraged to enter the U.S. illegally, there is a possibility of waiver eligibility.
What are parents, spouses and sons and daughters?
The two most common types of criminal offenses that lead to inadmissibility.
What are "crimes involving moral turpitude" (CIMTs) and drug offenses.
Lying or making a knowing, material misrepresentation to a consular officer, or CBP at the airport, or on an I-9 form will likely result in this ground of inadmissibility.
What is visa fraud?
Returning to the U.S. without inspection after living without status in the U.S. for a year or more in the aggregate will trigger this ground of inadmissibility.
What is the "permanent bar?"
An adjudication or admission for drug use, possession or paraphernalia will not cause controlled substance conviction or "admission" inadmissibility if it occurred in this type of court.
What is juvenile court?
One of the three bases for a waiver for smuggling.
What is family unity or humanitarian grounds or public interest? (only one required)
The first step to take after screening if a client has had past contact with the police.
What is make an FBI records request?
USCIS and ICE will often view these accounts in looking for potential inadmissibility, especially drug use and gang involvement.
What are social media accounts?
The amount of time a family immigrant must remain outside the U.S. before a waiver is available for the "permanent bar."
What is 10 years?
Someone who has abused drugs in the past may avoid inadmissibility now, if they can prove this.
What is "sustained remission" for at least 1 year?
Noncitizens who smuggle their fiancées into the U.S. are eligible for smuggling waivers on these occasions.
What is none or never?
This is the most common exception to CIMT inadmissibility, and is based on potential sentence and length of actual sentence, as well as being the noncitizen's only CIMT conviction.
What is the "petty offense" exception?
Stating you are a U.S. citizen on a college federal or state financial aid application when that is not true will likely trigger this ground of inadmissibility.
What is false claim of USC inadmissibility?
Waivers of the 3 and 10 year unlawful presence bars are only available to family immigrants who have one of these "qualifying relatives."
What are USC or LPR parents or spouses.
A noncitizen who works in or for the legalized cannabis industry may be found inadmissible for this ground.
What is "reason to believe drug trafficker."
In this year, "for gain" was removed from the smuggling inadmissibility ground.
What is 1990?
Convictions for two misdemeanor shoplifting offenses will likely trigger this ground of inadmissibility.
What is crimes of moral turpitude inadmissibility?
Public benefits for public charge purposes only include long term permanent institutionalization at government expense and one other type of public benefit.
What is cash aid or cash welfare?
Returning to the U.S. without inspection after a removal will trigger unlawful presence inadmissibility and potentially another draconian immigration consequence.
What is "reinstatement of removal?"
Explaining to the panel physician that you last tried marijuana nine months ago, only on a few occasions, then quit, will likely trigger this ground of inadmissibility.
What is the drug abuser ground?
People immigrating through this preference category of family immigrants are NOT eligible for a waiver of the "smuggling" ground.
What is 4th preference?
A California expungement or diversion after a plea of guilt or no contest, which subsequently results in a "dismissal" of the case, is NOT effective for this.
What is to remove the immigration consequences from the conviction?
Visa fraud inadmissibility only is relevant to entries, applications or benefits requested under this law.
What is the Immigration and Nationality Act?