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If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar), they may apply for a Waiver of Ground of Inadmissibility on Form I-601. [4]
The 3-year bar to entry concerns noncitizens without lawful present status for more than 180 days but less than 365 days who returned to their home country voluntarily before the initiation of removal proceedings in immigration court. [49] [50] The 3-year bar begins on the date of the individual's departure or removal from the U.S. [49]
United States Waiver of Inadmissibility, application for legal entry to the United States; Moral waiver, allows acceptance of a recruit into the U.S. military services; Felony waiver, special permission to allow a U.S. military recruit who has a felony on their record; Forfeiture and waiver, concepts used by the United States court system
The ability to pursue a green card through a National Interest Waiver is enabled by Section 203 (b)(2)(B)(i) of the Immigration and Nationality Act of 1990 and 8 CFR § 204.5. [2] The guidelines as to how to qualify for such a Waiver are developed through USCIS guidance, currently based on a 2016 precedent decision of the USCIS Administrative ...
Anybody who states under oath to a border agent that they are a citizen, lawful permanent resident, or asylee cannot be subject to expedited removal and gets an opportunity to appear before an immigration judge. Lying about one's status in these circumstances may make one inadmissible and could even lead to a lifetime bar to U.S. admission. [2]
The legislation would have made deep and broad changes to existing U.S. immigration law, affecting almost every U.S. government agency. Bill S.744 would have created a program to allow an estimated 11 million illegal immigrants in the United States gain legal status in conjunction with efforts to secure the border.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 imposed dramatic restrictions on voluntary departure. This included the addition of civil penalties for failure to depart voluntarily, an increase in the ineligibility period for various forms of relief from 5 to 10 years, and a removal of various exceptional circumstances.
The effort came to fruition in the Immigration Act of 1903, the first act barring immigration solely on the basis of political belief. The 1903 Act rarely was invoked to exclude anarchists. [ 20 ] Between 1903 and 1921, 38 alien anarchists were barred from immigrating. [ 20 ]