United States Immigration Laws recognize two types of Noncitizens attempting to enter the United States. Noncitizen Immigrants seek to enter to live and work permanently in the United States while Noncitizen Nonimmigrants seek to enter the United States to visit, work, study or conduct business on a temporary basis. All Noncitizens whether Immigrants or Nonimmigrants in attempting to secure approval of a visa and/or attempting entry into the United States have the burden to prove that they are not Inadmissible from entering the United States. A Noncitizen is considered to be Inadmissible and therefore barred from entering the United States if the noncitizen committed an act that violates Immigration Law. Further discussion about inadmissibility issues can be read by clicking here.
Fortunately, Immigration Law allows Nonimmigrants to apply for a waiver that waives many grounds of Inadmissibility which if approved will allow the Nonimmigrant to apply for a visa to enter the United States. This waiver is authorized under section 212(d)(3) of the Immigration and Nationality Act. However, keep in mind that although many grounds of Inadmissibility may be waived/forgiven by this waiver, certain grounds of Inadmissibility based on security related grounds such as espionage, sabotage, genocide and Nazi Persecution can never be waived.
Inadmissibility Issues that may be waived by the section 212(d)(3) waiver.
There are a number of things that can make someone inadmissible when trying to get a nonimmigrant visa (Eg. TN, E-2, L-1, O-1, B-1, B-2, F-1, etc.). These are described below.
Inadmissible Nonimmigrant applicants based on inadequate documentation or qualification.
- Nonimmigrants other than physicians seeking entry to perform labor as health-care workers who are uncertified.
Inadmissible Nonimmigrant applicants based on medical grounds.
- Nonimmigrants who have a communicable disease.
- Nonimmigrants with physical or mental disorders with associated harmful behavior including substance-related disorders.
- Nonimmigrants with past drug abuse or addiction.
Inadmissible Nonimmigrant applicants based on criminal activity, criminal convictions and related activities.
- Nonimmigrants with past violations involving controlled substance offenses.
- Nonimmigrants with multiple criminal convictions with aggregate sentences of 5 years or more.
- Nonimmigrants that a consular officer has reason to believe is a controlled substance trafficker.
- Nonimmigrants with past conduct or intentions to commit acts of Prostitution and Commercialized Vice.
- Nonimmigrants involved in serious criminal activity who have asserted immunity.
- Nonimmigrants who have committed or conspired to commit Human Trafficking offenses.
- Nonimmigrants who a consular officer believes has engaged, is engaging or seeks to engage in Money Laundering.
Inadmissible Nonimmigrant applicants based on Terrorism Related Grounds.
- Nonimmigrants who have engaged in Terrorist Activities.
- Nonimmigrants who have associated with Terrorist Organizations.
Inadmissible Nonimmigrant applicants based on Human Rights Violations.
- Nonimmigrants who have participated in Particularly Severe Violation of Religious Freedom.
- Nonimmigrants who have participated in Torture.
- Nonimmigrants who have participated in Extrajudicial Killings.
- Nonimmigrants who have participated in the Use or Recruitment of Child Soldiers.
Inadmissible Nonimmigrant applicants based on Illegal Entry, Misrepresentation and Other Immigration Violations.
- Nonimmigrants who failed to Attend Removal Proceedings.
- Nonimmigrants who have Misrepresented a Material Fact.
- Nonimmigrants who have made a False Claim to United States Citizenship.
- Nonimmigrants who have committed acts related to Smuggling noncitizens into the United States.
- Nonimmigrants who are Subject to Civil Penalty based on acts related to forgery.
- Nonimmigrants who are considered to have committed an act or acts Abusing a Student Visa.
Inadmissible Nonimmigrant applicants based on Citizenship Restrictions.
- Nonimmigrants who Departed or Remained Outside the United States to Avoid Military Service.
Inadmissible Nonimmigrant applicants based on Previous Removal and Unlawful Presence in the United States.
- Nonimmigrants who have been Previously Removed.
- Nonimmigrants who have been Unlawfully Present in the United States.
- Nonimmigrants who have been Unlawfully Present in the United States after Previous Immigration Violation.
Inadmissible Nonimmigration applicants based on Other Activities.
- Nonimmigrants who have committed acts involving International Child Abduction.
- Nonimmigrants who have Unlawfully Voted.
- Nonimmigrants who were Former Citizens Who Renounced Citizenship to Avoid Taxation.