Being Subject to Civil Penalty (INA section 212(a)(6)(F))

- Foreign nationals may be inadmissible if they are subject to a final order for violation of 274C (civil penalties for document fraud).

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Membership in a Totalitarian Party (INA section 212(a)(3))

- Has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign

Immigration Fraud and Misrepresentation (INA section 212(a)(6)(c))

- Made a misrepresentation and made this misrepresentation willfully
- The misrepresentation was material
- Failing to disclose the existence of a relative in the United States
- Lying that one is married
- Denying that the applicant had previously been in the United States
- Failing to disclose a conviction for a crime of moral turpitude

Criminal Activity (INA section 212(a)(2))

Having a criminal history can raise the U.S. government’s concerns about your application and be a barrier to receiving certain immigration benefits, such as a green card.

- Moral turpitude. Crimes involving moral turpitude are extremely serious. These crimes are severe violations of basic moral principles. They include murder, rape, robbery, kidnapping, voluntary manslaughter, assault, spousal or child abuse, incest, certain types of fraud, and many other crimes.

- Controlled substances. Drug offences can also cause concern. If you violate any foreign or domestic controlled substance laws, you may trigger grounds for inadmissibility. You may review a list of controlled substances in the Code of Federal Regulations. Aiding or participating in drug trafficking will also trigger inadmissibility.
- Multiple criminal convictions. Having multiple criminal convictions on your record will also harm your application. You fall under the multiple convictions category if you have two or more convictions. You become inadmissible for multiple criminal convictions if your sentences add up to five or more total years in prison. Sometimes, these crimes may overlap with moral turpitude crimes.

Other examples include:

- Prostitution and commercialised vice
- Violations of religious freedom while serving as a foreign government official
- Human trafficking
- Laundering of monetary instruments
- Firearms Violations




Health Concerns  (INA section 212(a)(1))

Many immigration benefit applications require you to submit results from a medical examination. The U.S. government uses this exam to determine whether you carry any infectious diseases or lack any necessary vaccinations. They will also use it to screen for substance abuse, physical disorders, and mental disorders.  

- Communicable diseases such as Chancroids, Gonorrhea, Granuloma, Inguinale, Infectious leprosy, Lymphogranuloma venereum, Infectious syphilis, Active tuberculosis 

- Physical or mental disorders associated with harmful behavior (threatens property or another person).

- Drug abuse. Section 202 of the Controlled Substances Act lists all of the prohibited substances. Abusing or being addicted to any of these substances will hurt your admissibility standing.

- Failure to show required vaccinations

The U.S. has special laws that dictate who may enter or stay in the country. These laws list reasons you may be barred from entering the country as an immigrant (on a permanent basis). If you’re already in the U.S., these laws may allow you to be deported. These reasons are often referred to as “grounds for inadmissibility,” and many exist. But even if one or more grounds for inadmissibility apply to you, you can still stay or enter the U.S. in certain situations. If you are found inadmissible during your immigration application process, or you believe you might be inadmissible, you can request a waiver. In this guide, we'll break them down into a bit more detail:

Criminal Activity
Fraud and Misrepresentation
Membership of a Totalitarian party
Subject to Civil Penalty
Unlawful Presence 
Costs and Timelines

Permanent Visa Waivers

Cost and Timeline

There are two different types of form and fees: 

1. For applicants applying from outside the United States (along with another form if you were deported or removed). 

- USCIS Fee: $930 USCIS Fee.
- Timeline: 6 - 12 months for a decision.

2. For applicants applying from within the United States and/or who entered the United States illegally (with immediate U.S citizens or green card family members, such as parents or a spouse).

- USCIS Fee: $630 USCIS Fee.
- Timeline: 4 - 6 months for a decision. 

Other types of Inadmissibility (may or may not qualify for a waiver) 

National Security (INA 212(a)(3)(D))

- You have a record of terrorist involvement
- Posing a threat to U.S. security
- Connection to any anti-American or violent groups
Public Charge 
(INA 212(a)(4)(A))

Public charges are those who might end up heavily relying on public benefits to survive in the country. However, the U.S. government prefers not to let immigrants in this category enter or remain in the United States. When applying for an immigrant visa or permanent resident status, you’ll need to prove you have a stable source of financial support.

Prior Removals (INA 212(a)(9)(A))

You may have a history of prior immigration violations. Here are some examples:

- You will be inadmissible if you have stayed in the United States without proper status for over 180 days. 
- You will also be inadmissible if U.S. immigration officials have previously removed, deported, or excluded you. 
- If you left the United States voluntarily with a pending final order of removal, you are ineligible to return.
- If you have spent one year or more in the United States illegally and try to reenter again without permission, you will become inadmissible.

Unlawful Presence (INA section 212(a)(9)(B))

- You were waiting for U.S. Citizenship and Immigration Services (USCIS) to approve or deny an application you'd filed
- Were in removal (deportation) proceedings  
- Had a visa but violated its terms (e.g. overstayed)
- Lack of labor certification (e.g. worked when not allowed)