police cautions in the United Kingdom, which recognizes
cautions administered since July 2008 as constituting
official admissions of guilt.³ year bar.6 If you were actually removed from the United
States pursuant to an immigration court order, you would
be subject to 5, 10 or 20-year bar to re-entry.
IMMIGRATION VIOLATIONS TIME IS ON YOUR SIDE WHILE COPING
WITH INADMISSIBILITY
In this last category, I combine provisions from
Immigration and Naturalization Act -- INA§212(a)(6)
-- which are about illegal entrants and immigration
violators, and §212(a)(9), which is about overstays and
aliens previously removed.
Misrepresentation is serious. If you ever misrepresented
yourself to gain entry to or a visa for the United States,
you are inadmissible under INA§212(a)(6)(C)(i).
Permanently .The misrepresentation must be wilful and
material, meaning you knew you were misrepresenting
yourself and the falsehood directly affected your
admissibility. One example would be to fail to disclose a
conviction for a controlled substance violation. Likewise,
a historic false claim to U.S. citizenship will render an
individual permanently ineligible for legal permanent
resident status.4
Those who have stayed beyond the time authorized
at entry or who have been removed from the U.S.
are subject to time-limited bar on re-entry to the U.S.,
anywhere from 3 to 20 years, depending on the nature
of the violation. Overstays of six months to one year will
incur a bar to re-entry of three years from the date of
departure.5 Overstays of a year or more will trigger a 10-
Health-Related Inadmissibilities
Medical inadmissibilities can be overcome. Vaccination-
related inadmissibility can be waived for individuals who
have had the vaccination, but lack the documentation,
where the vaccination is not medically appropriate or
where a person objects to all vaccinations on religious or
moral grounds.7
Class A Medical inadmissibilities can be waived, but
generally only if the visa applicant is the spouse or
child of a US citizen or lawful permanent resident.8
Given that waiver adjudication times exceed 6 months,
those with Class A inadmissibilities may find it easier
to wait until 12 months have passed in the hope that a
reexamination will find the individual in full remission,
which would downgrade the Class A to a Class B and the
inadmissibility would be removed.9
Criminal Inadmissibilities
To overcome a criminal inadmissibility, an immigrant visa
applicant has two limited options: contest the finding or
seek a waiver.
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