EB5 Investors Magazine (English Edition) Volume 5, Issue 1 - Page 85

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. EB5INVESTORS.COM 84