Inadmissibility Grounds That Do Not Have a Waiver (for Admission as a Permanent Resident) – PART TWO

It is important to know inadmissibility grounds, grounds which prevent some noncitizens from gaining admission into the US or from gaining certain benefits or certain relief from removal while in the US. If one of these inadmissibility grounds applies, the non-citizen to whom it applies will be ineligible for certain benefits (unless the noncitizen receives a waiver or some other kind of relief), and any effort to get that benefit will often come to a permanent and crashing halt.

A list of such inadmissibility grounds is important for many noncitizens to know, not only for people seeking admission as a permanent residents for the first time. Such list is also important for permanent residents who are seeking readmission after having had permanent residence for decades. It is not a foregone conclusion that the long-time permanent residents will be admitted into the US. Some permanent residents will be put in removal proceedings, like the subject of the case discussed in the blog post “July 2017 Decision from the 2nd Circuit: Why Even Permanent Residents Should Consult an Attorney Before Travelling Abroad” because of inadmissibility grounds.

In addition, this list is significant for people who are not permanent residents too: many sets of requirements in immigration law, related to non-permanent residents, cross-reference certain inadmissibility grounds. For example, requirements to receive asylum, TPS, or cancellation of removal cross-reference certain inadmissibility grounds.

While a waiver may wipe away some inadmissibility grounds, waivers are not available to waive some inadmissibility grounds. The grounds that may not be waived are the grounds that present (often) insurmountable obstacles.

This is the second part of the two-part blog post. In the first part, we listed about half of these un-waivable inadmissibility grounds. In this part, we will list  nearly all of the remaining half.

Inadmissibility that may not be waived, relating to admission as a permanent resident, include the following:

  • Seeking to perform skilled or unskilled labor without obtaining a labor certification (INA § 212(a)(5)(A) (8 U.S.C. § 1182(a)(5)(A)).
  • Being a graduate of an accredited medical school seeking employment as a medical professional without passing scores in medical and language proficiency examinations.
  • Seeking employment as a health care worker (other than a physician) without a certificate from the appropriate credentialing organization about the worker’s skills, language proficiency and licensing.
  • Being present without being lawfully admitted or paroled to the US (INA § 212(a)(6)(A)(i) (8 U.S.C. § 1182(a)(6)(A)(i))).
  • Skipping a scheduled removal hearing without reasonable cause (INA § 212(a)(6)(B) (8 U.S.C. § 1182(a)(6)(B))).
  • Falsely claiming US citizenship (INA § 212(a)(6)(C)(ii) (8 U.S.C. § 1182(a)(6)(C)(ii))).
  • Being a stowaway (INA § 212(a)(6)(D) (8 U.S.C. § 1182(a)(6)(D))).
  • Requesting readmission to the US before five years of living continuously outside of the US after violating a term or condition of a student visa (INA § 212(a)(6)(G) (8 U.S.C. § 1182(a)(6)(G))).
  • Being permanently ineligible for citizenship under INA §§ 314 and 315 (8 U.S.C. §§ 1425 and 1426) (INA § 212(a)(8)(A) (8 U.S.C. § 1182(a)(8)(A))).
  • Being a draft evader (INA § 212(a)(8)(B) (8 U.S.C. § 1182(a)(8)(B)
  • Seeking admission within five years of an expedited removal order (a type of removal order that is issued when an applicant is requesting admission to the US) (INA § 212(a)(9)(A)(i) (8 U.S.C. § 1182(a)(9)(A)(i))).
  • Seeking admission in one of the following circumstances:
    • Within ten years of being ordered removed.
    • Within 20 years of a second or subsequent removal order.
    • At any time, if the foreign national was convicted of an aggravated felony (defined at INA § 101(a)(43) (8 U.S.C. § 1101(a)(43)). (INA § 212(a)(9)(A)(ii) (8 U.S.C. § 1182(a)(9)(A)(ii)).)
  • Detaining or retaining outside the US a US citizen child for whom a custody order has been granted to another party and anyone supporting or assisting the abductors (INA § 212(a)(10)(C)(i) and (ii) (8 U.S.C. § 1182(a)(10)(C)(i) and (ii))).
  • Voting in violation of any federal, state, or local law (INA § 212(a)(10)(D)(i) (8 U.S.C. § 1182(a)(10)(D)(i))).
  • Having renounced US citizenship to avoid US taxation (INA § 212(a)(10)(E) (8 U.S.C. § 1182(a)(10)(E))).
  • Having knowingly made a frivolous asylum application (INA § 208(d)(6) (8 U.S.C. § 1158(d)(6))).
  • Being subject to a presidential proclamation suspending entry or imposing other restrictions (INA § 212(f) (8 U.S.C. § 1182(f)).