Most visitors to the US enter without any problems. However, some encounter more scrutiny and are denied admission due to violation of immigration laws. In this article, we’ll examine different situations where aliens are denied admission and the implications of these incidents on their future immigration applications. Expedited removal, withdrawal of application for admission, voluntary…

A CRIMINAL conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying…

A criminal conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying to enter the US from getting a visa or admission. Grounds for deportability make an alien who has already been admitted into the US susceptible to removal.

Drug trafficking crimes are aggravated felonies. There are two distinct aggravated felonies under INA 101(a)(43)(B), illicit trafficking in drugs and drug trafficking. In Matter of Sanchez-Cornejo, 24 I&N Dec. 273 (BIA 2010), the Board of Immigration Appeals (BIA) defined illicit trafficking as a conviction involving the unlawful trading or dealing of any controlled substance. Drug…

On February 28, 2014, the Board of Immigration Appeals (BIA) issued its decision in Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), which clarifies the scope of INA 212(c). This is the most recent decision in a long line of cases that has tried to define, limit or extend this relief. What’s interesting is…

On January 24, 2014, USCIS issued guidance on the adjudication of Form I-601A waivers in cases involving applicants with criminal history. To understand the significance of this guidance, let us first review the rules on Form I-601A waivers. On January 3, 2013, USCIS published the Final Rule on Provisional Unlawful Presence Waivers of Inadmissibility for…

Eligibility for immigration relief sometimes depends on whether an alien was admitted into the US or the lapse of time since admission. Thus, it becomes necessary to determine whether or not an alien was admitted. In some instances, the date of adjustment of status is considered the date of admission. The Board of Immigration Appeals…

Aliens who engage in certain criminal conduct are inadmissible or ineligible for a visa or admission into the US. INA 212(h) authorizes the waiver of inadmissibility arising from the following: (1) conviction or commission of a crime involving moral turpitude; (2) convictions for 2 or more offenses for which the aggregate sentence was 5 years…

Nonimmigrant visas allow aliens to stay in the U.S. for temporary periods to pursue activities authorized under various visa categories. The purpose of these visas may be for tourism, studies, business, employment, family-related, transit, or humanitarian benefits. The U nonimmigrant visa is issued for the humanitarian purpose of protecting victims of certain crimes. Congress created…

We have seen in a previous article the consequence of illegally re-entering the U.S. after having been removed. Illegal re-entry must never be an option. Such drastic action is driven by desperation and lack of information. Removal and its resulting ban on re-entry for certain periods do not necessarily inspire hopes of ever returning to…

An alien who was removed from the U.S. cannot return within 5 years if he was removed by an immigration officer through expedited removal or within 10 years if removed by order of an Immigration Judge (IJ) after removal proceedings. If this prohibition seems harsh, ignoring it would be worse. Under INA 241(a)(5), if an…

Members of Congress and various organizations have requested USCIS to consider designating the Philippines for Temporary Protected Status (TPS) due to the devastation brought about by Typhoon Haiyan on November 8, 2013. At the time this article was written, USCIS was still considering the request but this would be a good time to familiarize ourselves…

We have covered in previous articles the different ways of acquiring U.S. citizenship at birth. Aside from birth, the other means of acquiring U.S. citizenship is through naturalization. Under INA 101(a)(23), naturalization refers to the act of conferring nationality on a person after birth. Naturalization includes: (1) naturalization of an individual adult; (2) collective naturalization…

We briefly discussed in the last article the current rules for acquiring U.S. citizenship by birth abroad to U.S. citizen (USC) parents. Today, we’ll see some examples that illustrate both current and past acquisition laws. Let’s say A was an American soldier who remained in the Philippines after the end of the Philippine-American War in…

One may acquire U.S. citizenship either at birth or through naturalization. Birth in the U.S. is the common way of acquiring citizenship. Under INA 101(a)(38), the incorporated territories of Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands are part of the U.S. for purposes of nationality laws. Birth in these incorporated…

In previous articles, we have discussed the requirements and implications of grandfathering under INA 245(i). We have also focused on the question of when a petition or application is approvable when filed, which is an important element of grandfathering. In this last article on the series, we’ll examine how specific grounds of inadmissibility limit adjustment…

We previously discussed adjustment of status and grandfathering under INA 245(i). Under INA 245(i), an alien, (a) who is physically present in the U.S. and (b) who entered without inspection, who is in unlawful immigration status, who fails to maintain status or who has accepted unauthorized employment, may adjust status if: (1) the alien is…

Adjustment of status is the process that allows an alien who was inspected and admitted or paroled into the U.S. to apply for lawful permanent residence (LPR) while in the country. Most adjustment applications are filed under INA 245(a) which requires that an alien be admissible to the U.S. and be eligible for an immigrant…

INA 204(c) bars the approval of a subsequent immigrant petition for an alien who had tried to obtain benefits under a first petition which was based on a fraudulent marriage. If during the processing of the subsequent petition, the first husband told USCIS that his marriage to the alien was fraudulent may USCIS deny the…

INA 212(a)(6)(C)(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or other benefit under the Immigration and Nationality Act (INA), by means of fraud or by willfully misrepresenting a material fact. Fraud is a false representation…

Immigration law defines an aggravated felony, not by describing its common elements but by enumerating the specific offenses that fall under this category. Originally, the Anti-Drug Abuse Act of 1988 (ADAA) defined an aggravated felony to include murder, drug trafficking, and illicit trafficking of firearms. This definition has expanded over the years to include about…

Despite their right to live and work in the U.S. permanently, lawful permanent resident (LPR) aliens may be removed from the U.S. due to criminal behavior or prohibited conduct. During removal proceedings, LPRs may avoid removal by applying for relief, which include cancellation of removal. Both LPRs and non-LPR aliens may apply for cancellation of…

Marriage fraud is a serious immigration violation with lasting consequences. An I-130 immigrant petition based on a fraudulent marriage would be denied. Additionally, under INA 204(c), no petition shall be approved if (1) the alien has been accorded, or has sought to be accorded, immediate relative status as the spouse of a U.S. citizen (USC)…

Aliens who commit drug offenses may become inadmissible or deportable. Inadmissibility means that an alien is ineligible to receive a visa or he cannot be admitted into the U.S. based on his conduct or convictions. Deportability means that an alien who was previously admitted could be removed based on his conduct or convictions. The drug…

DRIVING under the influence (DUI) of alcohol or narcotics is a serious threat to public safety. The Center for Disease Control and Prevention reported that over 1.4 million drivers were arrested for DUI in the US in 2010. In the same year, there were 10,228 fatalities in alcohol-impaired driving crashes. Thus, law enforcement officials are…

With all the trouble immigrants go through to obtain their lawful permanent residence (LPR), you would be surprised to find out that some immigrants abandon their LPR status, in most cases, unintentionally. Typically, this happens when an LPR visits his home country and stays abroad for too long. Upon his return to the U.S., a…

We’re continuing our discussions on the interesting proposals under the bipartisan senate bill on immigration reform, S.744, entitled the “Border Security, Economic Opportunity and Immigration Modernization Act”. Last time, we examined the legalization provisions of the bill. Now, we’ll discuss some new grounds for inadmissibility and changes in waivers of inadmissibility. A criminal conviction could…

On April 17, 2013, a bipartisan group of senators filed the “Border Security, Economic Opportunity and Immigration Modernization Act” bill in the U.S. Senate in an effort to start the process of reforming the nation’s immigration system. The bill’s broad scope and sensible approach are impressive. However, since the bill is a compromise proposal that…

A lawful permanent resident (LPR) or US Citizen (USC) parent may file an immigrant petition for his alien child including an adopted child. Under INA 101(b)(1)(E)(i), a child adopted while under the age of 16 years and who has been in the legal custody and has resided with the adopting parent for at least 2…

Using a false social security number is one way to obtain unauthorized employment. You might have heard how some undocumented aliens make up social security numbers or use the numbers of other people without permission. You might think this conduct is relatively harmless but it has criminal and immigration consequences. It is often punished under…