Unlawful Presence related Inadmissibility Pt. 1
Remaining in the U.S. unlawfully for more than 180 days or one year or more will trigger these two grounds of inadmissibility.
What are the unlawful presence three and ten-year bars?
No unlawful presence "counts" to trigger the 3 and 10 year bar if accrued while a child is under this age.
What is 18 years old?
Extreme hardship to these relatives is required in order to obtain a waiver of visa fraud for family immigrants.
Who are USC or LPR parents and spouses.
An important connection to build between practitioner and survivor client.
What is trust?
This controlled substance is legalized in many states but not by the federal government, so still remains an inadmissibility problem for noncitizens.
What is marijuana (or cannabis)?
Returning to the U.S. without inspection after living in the U.S. for a year or more in the aggregate will trigger this ground of inadmissibility.
What is the "permanent bar"?
A noncitizen must take this action before any unlawful presence bar is triggered.
What is depart the U.S.?
What is false claim of citizenship inadmissibility?
One word that describes a traumatic event reminder that retraumatizes or engenders difficult emotions.
What is a trigger?
Bringing one's children to the U.S. without inspection will likely lead to this ground of inadmissibility.
What is "smuggling" inadmissibility?
The amount of time most immigrants must remain outside the U.S. before a waiver is available for the "permanent bar."
What is 10 years?
Unlawful presence in the U.S. is only counted beginning on this date.
If a noncitizen immediately confesses their lie to an immigration officer, this defense to committing visa fraud or a false claim of US citizenship is possible.
What is a timely retraction?
What is make an assumption?
A conviction of this common, usually victimless type of crime, will almost always lead to inadmissibility.
What is a controlled substance crime or offense? (drug conviction)
Waivers of the 3 and 10 year bars are only available to family immigrants who have one of these "qualifying relatives."
Who are USC or LPR parents or spouses?
Accrual of unlawful presence must be continuous for these bars to apply.
What are the 3 and 10 year bars?
Visa fraud inadmissibility is only relevant to entries, applications or benefits requested under this law.
What is the Immigration and Nationality Act?
Found in the Immigration and Nationality Act and include VAWA self-petitions and cancellation, U visas, Asylum, Family Based Immigration, non-LPR cancellation and Acquired or Derived U.S. Citizenship among a number of others.
What are forms of immigration relief or benefits?
The immigration law provides for these means to overcome certain applicable grounds of inadmissibility for some or all noncitizens.
What are waivers of inadmissibility?
Returning to the U.S. without inspection after a removal will trigger the permanent bar inadmissibility ground and potentially another draconian immigration consequence.
What is reinstatement of removal?
The "qualifying relative" required to obtain a waiver of the permanent bar.
What is no qualifying relative?
What is a VAWA self-petitioner?
Prior contacts with these types of officials are very important to discuss with a client when screening for immigration benefits or relief.
What are DHS or law enforcement officials? (ICE, CBP, police)
Inadmissibility grounds do not apply at all to certain noncitizens if they qualify for these immigration law provisions.
What are exceptions or exemptions from inadmissibility?