Tag: inadmissibility
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I-601A WAIVER OF UNLAWFUL PRESENCE
The I-601A Waiver is for individuals who are inadmissible pursuant to INA §212(a)(9)(B) for unlawful presence. Typically this waiver is for the spouse or child of a US citizen or legal permanent resident (LPR), who entered the US without inspection (usually by crossing the US-Mexico or US-Canada border). Since someone who enters the US without…
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Unlawful Presence
UNLAWFUL PRESENCE Among the most common barriers to “legal” immigration status for those in the US are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally. Many people who qualify for green cards based on…
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212 d 3 Waiver
An INA 212(d)(3) waiver is required when a noncitizen is seeking to obtain a nonimmigrant visa and they are inadmissible under INA 212(a)(3). Note: In the case of T nonimmigrant status, there is an INA 212(d)(13) waiver available, which was specifically created for T nonimmigrant applicants. More info on 212(d)(13) waivers for T nonimmigrants in…
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FRAUD / MISREPRESENTATION
Fraud & Misrepresentation Ground of Inadmissibility Inadmissibility for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018). Willful Misrepresentation Matter of O-M-O-, 28 I&N Dec. 191, 196 (BIA 2021) Cooper v. Harris, 137 S. Ct. 1455, 1465 (2017) Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021)…
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