Inadmissibility: Crimes, Immigration Control, Fraud (427-31, 432-34, 442-43)  INA§212(a)

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Inadmissibility: Crimes, Immigration Control, Fraud (427-31, 432-34, 442-43) INA§212(a)

Once you fall into a qualify category for a visa must still avoid determination of admissibility under INA § 212(a).

Possible opportunities to be assessed as inadmissible:

Consular official abroad

Inspector at port of entry (BCBP)

In US, adjusting status to LPR, must be “admissible” (INA § 245(a))

Post-1996: Exclusion grounds now termed inadmissibility grounds:

Deportation grounds apply only after a noncitizen has been admitted: § 237(a).

“Removal proceedings now involve both inadmissibility (§ 212(a)) and deportability (§ 237).

Must a returning LPR be re-admitted?

Pre-1996: Excludable every time they returned, w/exception of “innocent casual, and brief excursion by a resident alien outside borders that may not have been ‘intended’ as a departure disruptive of LPR status” Rosenberg v Fleuti.

Problem: definition difficult to apply.

1996 clarification in § 101(a)(13)(C): An  LPR shall not be regarded as  seeking an admission into the United States for purposes of the immigration laws unless the alien (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) was already in removal proceedings (v) has committed a crime identified in § 212(a)(2) unless since such offense the alien has been granted relief under § 212(h) or § 240A(a), or (vi) not come in through port of entry.

Waivers:

Those with parent, child or spouse US citizen or LPR most likely to get waiver esp § 212(h) criminal behavior, or health related (§ 212(g)).

Waiver of prior fraud seeking admission or inadmissibility based on prior unlawful presence-only spouse or parent LPR or citizen relative helpful, not kid.

DV victims benefit from host of special waivers