Inadmissibility Under Section 212

1 there are four general circumstances in which an alien can request a 212h waiver.

Inadmissibility under section 212. Basic concepts of inadmissibility under section 212 a of the immigration and nationality act. A in general. The permanent bar of inadmissibility is found in section 212 a 9 c i i of the immigration and nationality act ina.

Section 212 h of the immigration and nationality act ina authorizes discretionary waivers of certain inadmissible crimes offenses that prevent lawful admission to the u s. Although it is similar to the more common 3 and 10 year bars of inadmissibility there are differences in how the permanent bar is triggered and the penalties proscribed. Grounds of inadmissibility los angeles immigration attorney.

The word inadmissible is a legal term of art. 1182 a classes of aliens ineligible for visas oradmission except as otherwise provided in this act aliens whoare inadmissible under the following paragraphs are ineligible toreceive visas and ineligible to be admitted to the united states. Section 212 h of the ina provides a waiver for crimes inadmissibility grounds which can be surprisingly useful for undocumented people vawa applicants or permanent residents.

Temporarily as a non immigrant e g. At any time because you have been found inadmissible or excludable under section 212 of the act or deportable under section 241 or 237 of the act and ordered deported or removed from the united states and you have been convicted of a crime designated as an aggrovated felony. Consent to reapply is also called permission to reapply.

Classes of aliens ineligible for visas or admission except as otherwise provided in this act aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the united states. The concept of inadmissibility derives from excludability the predecessor concept written into the immigration and nationality act. If you are inadmissible under the immigration and nationality act ina section 212 a 9 a or c you must ask for consent to reapply for admission to the united states consent to reapply before you can lawfully return to the united states.

With respect to non citizens aliens inadmissibility means that one is not admissible or in layman s terms not allowed to enter. The applicant is inadmissible to the united states under section 212 a 6 c i of the act 8 u s c. Section 212 a of the ina.