Waiver of Inadmissibility

Certain conditions can render a foreign citizen inadmissible, such as communicable disease of public health significance; failure to present documentation of vaccinations against vaccine-preventable diseases; certain serious physical or mental disorders; persons determined to be drug abusers or addicts.
 
Each applicant for a visa or a green card is required to undergo a medical examination. The medical exam report is valid for 6 months or less for consular processing or 2 years when filing USCIS.
 
Waiver of Inadmissibility. An applicant may be able to obtain a waiver of inadmissibility based on a health-related condition if the applicant can demonstrate that (1) minimal danger to public health, (2) minimal possibility of infection spread, and (3) complete financial arrangement for cost of care. The waiver can be obtained by filing form I-601 with USCIS.

Certain crimes may render a foreign citizen inadmissible, such as:
 
(1) Crimes involving moral turpitude or drug offences, other than for a single offense of simple possession of marijuana under 30 grams. A conviction is not necessary. An admission to having committed a crime or admission to committing acts which are the essential elements of the crime is sufficient to render a person inadmissible.
 
There is no statutory definition of “moral turpitude.” Generally, crimes of moral turpitude have been found to include crimes involving an intent to steal or defraud, involving an intentional, willful, or reckless act causing bodily harm or a threat of bodily harm, and sex offenses.
 
The specific crimes that have been found to involve moral turpitude include murder, manslaughter, rape, statutory rape, assault, aggravated assault, battery, aggravated battery, kidnapping, elder abuse, spousal abuse, child abuse, failure to support a child, child pornography, theft, embezzlement, possession of stolen property, copyright infringement, robbery, burglary, carjacking, arson, animal fighting, carrying a concealed weapon with intent to use, fraud, writing bad checks, credit card fraud, destruction of property, identity fraud, welfare fraud, and some aggravated DUI offenses, resisting a police officer with violence, bribery, etc.
 
Some crimes are excepted from inadmissibility under this category, such as
 
(1) juvenile crimes (under 18) committed more than 5 years before the date of the application (if imprisoned, must have been released 5 years prior to the application) or
(2) petty offences (crimes with maximum possible imprisonment under one year and actual sentencing no more than 6 months, regardless of the term the person actually served.)
 
(2) Conviction for 2 or more offenses, for which the aggregate sentences to confinement were 5 years or more.
 
(3) Controlled substances traffickers and their spouses and children if they obtained any financial benefit from the illicit activity within the previous 5 years or reasonably should have known that the financial or other benefit was the product of such illegal activity.
 
(4) Persons who come to the U.S. to engage in prostitution and commercialized vice or have engaged in directly or indirectly, or benefited from, prostitution or commercialized vice within 10 years of the date of the application.
 
Waiver of Inadmissibility. The waiver is available for offenses that occurred more than 15 years prior to the date of the application and the admission to the U.S. would not be contrary to the national welfare, safety, or security of the U.S. and the person has been rehabilitated.

If an applicant is an immediate relative of a U.S. citizen or LPR, a waiver may be granted if the denial of admission would result in extreme hardship to the U.S. citizen or LPR or their spouse or children.

Also, a VAWA self-petitioner may apply for a waiver.

A person may be inadmissible based on economic grounds if the person likely to become public charge, persons seeking entry for purpose of performing skilled or unskilled labor, certain medical graduates of non-approved schools, uncertified foreign health care workers, former citizens who renounced citizenship for tax purposes.

Nonimmigrant visas, immigrant visas, and persons seeking adjustment of status are subject to public change ground of inadmissibility. To determine if a person may be subject to public charge, the following factors are considered: (1) age, (2) health, (3) family status, (4) assets, resources, and financial status,(5) education and skills.

An affidavit of support is considered in making a public charge of inadmissibility determination. The affidavit is a contract between U.S. Government and the sponsor, in which the sponsor agrees to use his/her resources to support the intending immigrant, if it becomes necessary.

The affidavit of support is not required when the immigrant has earned 40 credits (10 years of employment in the U.S.). The affidavit of support also is not required for VAWA self-petitioners and certain employment-based immigrants.

Certain aliens previously removed, persons present in the U.S. without admission or parole, failure to attend removal proceedings, smugglers, document fraud, student visa abuse are inadmissible.

Three-year bar for persons unlawfully present in the U.S. for a period of more than 180 consecutive days but less than one year, who voluntarily depart the U.S. before commencement of proceedings. Ten-year bar for persons unlawfully present in the U.S. for a period of more than one year.

Persons coming to the U.S. to practice polygamy, persons coming to the U.S. to engage in any immoral sexual acts are inadmissible.

Aliens ineligible for citizenship, or aliens who evaded the draft, falsely claiming citizenship, unlawful voting, international child abduction, illiteracy, etc. are inadmissible.

Espionage, sabotage, or illegal activity, terrorist activity, nazis, persons committing genocide, persons committing torture, violators of religious freedom renders an alien inadmissible.