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Non-citizens who meet the minimum requirements for U.S. lawful permanent residency (a green card) must show that they are not inadmissible to the United States.
There are many reasons that can make someone inadmissible to the US. Common issues are:
Health-related issues
These may include:
- Conditions where a person is a danger to him or herself or others,
- Alcohol addiction or
- Drug addiction.
Criminal convictions
This issue can be very complicated. Here is additional information about how does being charged with a crime affect immigration?
Prior deportation orders
If a person who has been deported enters or attempts to enter the US illegally, they will be permanently ineligible for a green card.
Unlawful presence
The three-year bar
A person will be barred from the US for three years from the date of departure from the United States if the person was previously in the US without lawful status for more than 180 days but less than one year during a single stay and then left the US.
The ten-year bar
A person will be barred from the US for ten years from the date of departure from the United States if the person was in the US without status for one year or more during a single stay.
The permanent bar
If someone enters or attempts to enter the US illegally after triggering the ten-year bar, they will be permanently ineligible for a green card.
Voting
Non-citizens are ineligible to vote in the US elections. Registering to vote and illegal voting are grounds for denial of a green card and deportation.
False claims to US citizenship
- Using a false US birth certificate to work,
- Checking a box on a mortgage or driver's license application claiming to be a US citizen, or
- Claiming in any other way to be a US citizen.
Smuggling
Helping any person to enter the US without permission
Terrorism
There are many things that can be considered terrorism under immigration law, including supporting any group that has ever engaged in violence, even if it is not officially designated as a terrorist group.
"Supporting" may include:
- Small donations,
- Handing out flyers,
- Helping set up meetings, or
- (Even) cooking food.
In some cases, the green card applicant may be able to get a waiver (also known as a pardon) by filing an additional application. This process can be very complicated.
If you and your family have any doubts about whether it is a good idea to file a green card application, you should consult an immigration lawyer or Department of Justice Accredited Representative.
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Part of the Immigration rights library, sponsored by Skadden
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