Waivers of Inadmissibility

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2016-05-07 19:40:02, 조회 : 206, 추천 : 113

Following are some of the waivers available
        a) under Immigration and Nationality Act
        b) for foreign nationals
                i) who are found to be inadmissible:

INA Section 212(a) Waivers:

waives
        a) the 3 and
        b) 10 year bars,

1) unlawful reentry
        a) after removal or
2) unlawful stay
        a) in the United States
        b) for more than one year.

INA Section 240A(a) Cancellation of Removal for Lawful Permanent Residents:

This form of relief applies to LPRs
        a) found to be inadmissible
        b) who can show
                i) that they have been:

        a. Lawfully admitted
                i) as an LPR
                ii) for at least 5 years;
        b. Continuously residing
                i) in the United States
                ii) for at least 7 years, and

                1) has not been convicted
                        A) of crime of aggravated felony.

INA Section 209(c):

waives inadmissibility
        a) of applicants
                i) who seek adjustment of status
                        A) based on their status as
                                I) asylees or
                                II) refugees.

INA Section 212(d)(3)(A):

generally waives inadmissibility
        a) of nonimmigrants.

INA Section 212(d)(3)(B):

waives terrorism grounds
        a) of inadmissibility.

INA Section 212(g):

waives inadmissibility
        a) of persons
                i) who
                        A) have communicable disease
                                I) of public health significance or
                        B) have physical or mental disorder.

INA Section 212(h):

waives inadmissibility
        a) of persons
                i) for commission of various crimes
                        A) including
                                I) crime of moral turpitude,
                                II) prostitution and
                                III) a single offense
                                        (a) of simple possession of 30 grams or less of marijuana.

INA Section 212(i):

waives inadmissibility
        a) of persons
        b) for commission of
                i) fraud or
                ii) material misrepresentation.

INA Section 212(k):

waives inadmissibility
        a) of immigrants
                i) not in possession of labor certification or
                ii) whose immigrant visa was not issued
                        A) in compliance with law.

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