Grounds for Inadmissibility - Prior Removal from the United States
Prior Removal from the United States
Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that the person had previously been removed from the United States.
This category includes people who had previously been removed from the United States, people who had been unlawfully present in the United States and voluntarily left but did not wait the requisite time before applying for re-entry, and people who are present in the U.S. after previous immigration violations. This category of inadmissibility may be subject to "waiver" in the sole discretion of the U.S. Attorney General.
Aliens Previously Removed
An alien is inadmissible for varying periods of time if he or she has been previously removed from the United States and seeks to reenter the country. If an alien has been removed once, the alien is inadmissible for a period of five years following his or her removal. If an alien has been removed two or more times, then he or she is inadmissible for 20 years. An alien is permanently inadmissible if he or she was removed following conviction of an aggravated felony.
Aliens Unlawfully Present
Generally, any alien (other than a legal permanent resident) who was "unlawfully present" in the United States for a period of more than 180 days but less than one year, who voluntarily departed the United States prior to the commencement of removal proceedings, and who again seeks admission within 3 years of the date of such alien's departure or removal is inadmissible.
Also, any alien who has been unlawfully present in the United States for one year or more and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States is inadmissible. Unlawful presence includes both entering the United States illegally and overstaying a period of legal presence in the United States.
Certain time periods of unauthorized presence in the United States do not count toward the unlawful presence period. These include periods during which an alien: was under the age of 18, had a pending application for asylum, was a beneficiary of "family unity protection," or was a battered spouse or child.
The Attorney General has the discretion to waive unlawful presence as a bar to inadmissibility if it can be shown that refusal to admit the alien would result in extreme hardship to the spouse or parent of such alien and that the spouse or parent is a U.S. citizen or legal permanent resident.
Aliens Unlawfully Present After Previous Immigration Violations
An alien is inadmissible if the alien has violated immigration laws in one of two ways: 1) the alien has been unlawfully present in the United States for an aggregate period of more than one year; or 2) the alien has been ordered removed and enters or attempts to reenter the United States without proper inspection.
An exception to this category applies for aliens who have the consent of the U.S. Attorney General to reapply for admission and who are seeking admission no sooner than 10 years following their prior departure from the United States. The Attorney General may also waive this category of inadmissibility if there is a connection between the alien having been a battered spouse or child and the removal or departure from the United States or the entry or attempted reentry into the United States.
Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.
