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Inadmissibility and Waivers


If you represent U visa and U status applicants, you already know that immigration judges have no jurisdiction over applications for U status or for applications for adjustment of status under INA § 245(m).  By statute, USCIS has exclusive jurisdiction over theses applications, including waivers of inadmissibility under INA § 212(d)(14), the waiver provision that exclusively applies to the U status applicants.

By Susan Schreiber

If you represent LPRs in removal proceedings, you will want to take a close look at the Board's recent  decision in Matter of Abdelghany, 26  I&N Dec. 254 (BIA 2014), which presents a new framework for analyzing LPR eligibility for INA § 212 (c) waivers.  It will likely result in more LPRs qualifying for this relief.

By Susan Schreiber

Three recent circuit court decisions provide some good news for immigrants related to immigration consequences of criminal offenses. These decisions, summarized below, address (a) analyzing when an offense is a crime of moral turpitude; (b) LPR eligibility for an INA § 212(h) waiver; and (c) conviction finality.

By Tatyana Delgado

On February 5, 2014, the Department of Homeland Security (DHS) and Department of State (DOS) announced two new exemptions from the terrorism-related inadmissibility grounds (TRIG) found at INA§ 212(a)(3).  

TRIG aims to exclude individuals who have or will engage in terrorist activities, such as providing material support to terrorist organizations or their members.  Material support includes providing transportation, communications, funds, explosives, or training, among other activities. 

By Kristina Karpinski

On November 14, 2013, USCIS issued a policy memorandum on adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens admitted to the United States under the Visa Waiver Program (VWP).  This long awaited guidance clarifies USCIS's position on adjudication of adjustment cases filed after the applicant's 90-day period of admission has expired and outlines when a case should be referred to ICE.

Held On: 11/20/13
Who qualifies for a waiver of crime-based inadmissibility? What kinds of crimes are covered and what do you need to show to qualify for a waiver? When can a lawful permanent resident use a 212(h) waiver to overcome losing his or her status based on a criminal conviction?