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Tag: inadmissibility

  • Petty Offense Exception

    Petty Offense Exception

    The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception…

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  • UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM

    UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…

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  • Petty Offense Exception

    The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Eligibility for the petty offense exception. Only one CIMT, Punishment under 6 months. Max term of imprisonment under one year.

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  • False Claim to U.S. Citizenship

    Inadmissible and deportable for making a false claim to U.S. citizenship. INA § 212(a)(6)(C)(ii); INA §237(a)(3)(D). A person who falsely represents or has falsely represented themselves to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law is inadmissible anddeportable Therefore, as written, DHS could apply these…

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  • 245(i)

    245(i)

    WHAT IS SECTION 245(I) OF THE IMMIGRATION AND NATIONALITY ACT? Section 245(i) of the Immigration and Nationality Act (INA) allows certain noncitizens physically present in the United States to adjust status to a lawful permanent resident despite being ineligible to adjust status under INA 245(a) because they entered the United States without inspection, violated their nonimmigrant…

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  • Establishing Extreme Hardship

    ESTABLISHING EXTREME HARDSHIP There are several forms of relief and immigration benefits that require a noncitizen to establish extreme hardship or variations of extreme hardship (such as exceptional and extremely unusual hardship). Most commonly I-601A and I-601 visa waivers require a showing of extreme hardship and cancellation of removal for non-permanent residents requires a showing of…

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