Inadmissibility and Waivers
The legal concept of "inadmissibility" may have been clearer a decade or two ago, when it was referred to as "excludability" -- that is, a set of grounds under which a person could be excluded from the United States. Various grounds of inadmissibility may be applied when a foreign national seeks a temporary (nonimmigrant) visa, permanent residence (a green card), or some other immigration benefit. It's a big issue for many immigrants who, despite being eligible for a visa or green card in every other way, are denied because they are inadmissible on health, financial, security, criminal, or related grounds. In a few situations, however, the applicant can get around the issue by applying for a "waiver," or legal forgiveness.
A visa fraud “90-Day Rule” replaces the commonly used “30/60 Rule” when determining whether a non-citizen used a U.S. visa for the correct purposes.
A summary of the health, security, criminal, and other grounds upon which anyone can be denied a visa or green card.
Inadmissibility based on overstays, illegal entry and residence in the U.S., and so on.
Attempting to enter the U.S. without permission after a past deportation or one year's total stay in the U.S. results in permanent inadmissibility.
What happens if you stay in the U.S. longer than you're supposed to under the terms of your visa or I-94 entry document?
The immigration laws list numerous crimes, or types of crimes, that make the person ineligible for a visa or U.S. residence.
Is a history of visa fraud a permanent stain on your immigration record?
One of the most common barriers to getting a green card is what's called "inadmissibility," and public charge is one of the grounds for this.
Anyone applying to visit or reside in U.S., whether on a temporary visa or a permanent green card, must prove that they do not present a health risk to the general public.
If you're a green card applicant with objections to receiving the COVID-19 vaccination, learn about your options here.
Applicants for nonimmigrant visas have a separate procedural route by which to apply for a waiver of various grounds of inadmissibility.
In some cases, a special application for legal forgiveness will overcome a bar to receiving lawful permanent residence.
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