Inadmissible vs. Removable Status
Experienced Immigration Lawyer in New Jersey
An individual can be charged as inadmissible and refused entry into the US. Admission is defined by INA 101 (a)(13)(A) as the lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer.
A lawful permanent resident (green card holder) who reenters the US after a trip abroad is not seeking a new admission unless he/she:
- has abandoned or relinquished lawful permanent resident status;
- been absent from the US for more than 180 days;
- engaged in illegal activity after departing;
- departed during removal proceedings;
- committed an offense making him or her inadmissible under 212(a);
- is attempting to enter at a place other than a point of entry;
- has entered without inspection;
- is adjusting status (according to the BIA).
Grounds of Inadmissibility to the U.S.
Applicants for visas are not eligible for admission into the U.S. if the immigration officer determined that the alien is inadmissible under INA 212 (a)(2) for the following reasons:
- Health related such as communicable diseases, lack of vaccinations, physical and mental disorders and drug abusers (waivers are available);
- security grounds for those who may be engaged in terrorism, have participated in torture or genocide such as former Nazi party members, were members of Communist or totalitarian parties or those engaged in any espionage or sabotage;
- those likely to become public charges who do not have family members who can support them;
- those coming to the US to work without an approved labor certification;
- undocumented entry and immigration status violations such as fraud, misrepresentation or deceit;
- lack of proper documentation upon entry;
- failure to maintain foreign residence (waivers available);
- false claim to U.S. citizenship;
those who have been previously ordered removed:
- after first deportation cannot reenter for 5 years;
- second deportation cannot reenter for 20 years
- aggravated felony deportees are permanently barred from reentry;
- unlawfully present for more than 180 days but less than 1 year are inadmissible for three years, more than 1 year inadmissible for 10 years.
- miscellaneous grounds such as those practicing polygamy or child abductors;
an non-citizen or lawful permanent resident who travelled outside the US
and is seeking readmission can be inadmissible for:
- the commission or conviction of a controlled substance or drug trafficking offense (waiver for a single offense of 30 grams or less of marijuana);
- a crime of moral turpitude (see below for definition and waivers).
- prostitution and commercial vice conviction or two or more offenses of any type plus aggregate prison sentence of five years.
Grounds for Deportation/Removal
Legal permanent residents and those lawfully admitted to the US can be charged with grounds of removability under INA 237(a) and are subject to removable for the following reasons:
- Crimes of moral turpitude, aggravated felonies, controlled substance violations, weapons offenses, domestic violence and crimes against children;
- immigration violations including overstays, present without inspection and smuggling;
- security clearance;
- false claims to citizenship and unlawful voting charges;
- charges relating to failure to register or falsification of documents;
- public charge issues;
- illegal entry
Call our offices today at (800) 909-8129 for solution pertaining to your particular New Jersey immigration case. Se habla Español.
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