Monday, November 26, 2012

Grounds of Inadmissibility of US Immigration (Health Problems and Criminal Related Violations)


Grounds of inadmissibility of Immigrating to the US (Health Problems and Criminal related violations)

This article covers the grounds of inadmissibility for US immigration regarding health problems and criminal related activities.

Health Problems

1. Persons with communicable diseases of public health significance, in particular tuberculosis.

o There is a waiver available to the spouse, the unmarried son or daughter, and the unmarried lawfully adopted child of a US citizen or permanent resident.

o In addition, there is a waiver available to an alien who has been issued an immigrant visa, or to an individual who has a son or daughter who is a US citizen, or a permanent resident.

2. Persons with physical or mental disorders which threaten their own safety or the property, welfare, or safety of others.

o The special conditions are set by USCIS at its discretion.

3. Drug abusers or addicts

o There is no Condition of Waiver. However this doesn't necessarily include single use experimentation; it depends on the drug.

4. Persons who fail to show that they have been vaccinated against certain vaccine preventable diseases.

o The applicant must show either that he or she subsequently received the vaccine; that the vaccine is medically inappropriate for them (as certified by a civil surgeon); or that or that the vaccine administered is contrary to the applicant's religious beliefs or moral convictions.

Criminal and Related Violations

1. People who have committed crime

o Waivers are not available for commission of crimes such as attempted murder, conspiracy to commit murder, murder, torture, or drug crimes. Also, no waivers are available to persons previously admitted as permanent residents if they have been convicted of aggravated felony.

o Waivers for all other offenses are available only if the applicant is a spouse, parent, or child of a US citizen or green card holder.

o Another waiver possibility is if the only criminal activity was prostitution, or the actions occurred more than 15 years before the application for a visa or green card is filed and the alien shows that he or she is rehabilitated and is not a threat to US security.

2. Persons with two or more criminal convictions

o Same as above

3. Prostitutes or procurers of prostitutes

o Same as above

4. Diplomats or others involved in serious criminal activities who have received immunity from prosecution.

o Same as above

5. Money Launderers

o No waiver available under any circumstance

6. Drug offenders

o A waiver is only available for simple possession of less than 30 grams of marijuana. There may also be an exception for simple possession or use by juvenile offenders.

7. Drug Traffickers

o No waiver available under any circumstance

8. Immediate family members of drug traffickers who knowingly benefited from the illicit money within the last five years.

o There is no waiver; however this washes out after five years.

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1 comments:

  1. Thank you for this article it gives information about inadmissibility and waiver in the context of US Immigration.

    US Waiver Form Canada

    ReplyDelete


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