Contents
- What is a Green Card?
- What is Inadmissibility?
- How can my travel history affect my inadmissibility?
- What are the different types of inadmissibility?
- What are the consequences of being inadmissible?
- How can I overcome my inadmissibility?
- What if I have a criminal record?
- What if I have been denied entry to the United States?
- What if I have been deported from the United States?
- How can I check my inadmissibility status?
Green card holders often travel outside the United States and may not be aware of the need to check for inadmissibility before returning. Use your travel history to check for inadmissibility.
Checkout this video:
What is a Green Card?
A green card is an identification card that proves that you are a permanent resident of the United States. If you have a green card, you are allowed to live and work in the United States indefinitely. You can also travel freely in and out of the country.
What is Inadmissibility?
If you are a permanent resident or conditional permanent resident, you may be placed inadmissible to the United States if you have committed certain acts. These acts are called grounds of inadmissibility. If you are found inadmissible, you will not be allowed to enter the United States. You may also be prevented from adjusting your status to that of a permanent resident.
There are many grounds of inadmissibility, but some of the most common ones include:
Health-related grounds
Security grounds
Criminal history
Immigration fraud
Unlawful presence in the United States
In order to be found inadmissible on a health-related ground, you must have a communicable disease that is a danger to public health, or you must lack proof of having been vaccinated against certain diseases. You may also be found inadmissible if DHS determining that you are likely to become a public charge (someone who is primarily dependent on the U.S. government for financial support).
A security ground of inadmissibility exists if DHS finds that there is reason to believe that you are engaged in terrorist activities or other dangerous activities that pose a threat to U.S. national security. You may also be found inadmissible if you have ever been involved with Nazi persecution, genocide, or torture.
If you have ever been convicted of certain crimes, you may be found inadmissible on criminal history grounds. These crimes include drug trafficking, money laundering, and child abuse. If you have ever committed immigration fraud or committed immigration-related marriage fraud, you will also be found inadmissible. Finally, if you have ever been unlawfully present in the United States for more than 180 days, or if you have ever been ordered removed from the United States, you will be considered inadmissible.
How can my travel history affect my inadmissibility?
Green card holders are generally permitted to travel freely within the United States. However, if you have been out of the country for an extended period of time, or if you have a criminal record, you may be found inadmissible upon your return to the United States.
If you are a green card holder and you have been out of the country for more than one year, you will need to obtain a re-entry permit before returning to the United States. A re-entry permit is valid for two years and allows you to apply for readmission to the United States without having to obtain a new green card.
If you have been convicted of a crime, you may be found inadmissible to the United States. Crimes that can make you inadmissible include trafficking in drugs or controlled substances, money laundering, terrorism, and other serious crimes. If you have been charged with a crime but not convicted, you may also be inadmissible.
If you are found inadmissible to the United States, you may be detained by immigration authorities and placed in removal proceedings. In removal proceedings, an immigration judge will determine whether or not you will be allowed to remain in the United States. If you are ordered removed from the United States, you will be deported back to your home country.
What are the different types of inadmissibility?
There are different types of inadmissibility, each with its own consequences. The most serious is criminal inadmissibility, which can make you permanently ineligible for a green card. Other grounds of inadmissibility can make you ineligible for a green card for a specific period of time, or they can render you inadmissible only under certain conditions.
The grounds of inadmissibility are divided into two categories: discretionary and mandatory. Discretionary grounds give immigration officers the discretion to decide whether or not to grant you a green card, even if you are technically inadmissible. Mandatory grounds, on the other hand, mean that you will be denied a green card unless you obtain a waiver.
The most common ground of inadmissibility is health-related. If you have a communicable disease, mental or physical health condition that poses a public health threat, or if you lack proof of certain vaccinations, you may be found inadmissible on health grounds.
Other common grounds of inadmissibility include fraud or misrepresentation (such as lying on your green card application), having a criminal record, being likely to become a public charge (i.e., dependent on the government for financial support), and being subject to certain security-related provisions (such as having ties to terrorist organizations).
What are the consequences of being inadmissible?
There are several consequences of being inadmissible to the United States. One is that you will be denied entry to the United States. If you are already in the United States, you may be subject to removal (deportation). In addition, you will likely be unable to obtain a visa in the future.
How can I overcome my inadmissibility?
If you are inadmissible to the United States, you may be able to apply for a waiver of your inadmissibility. A waiver is a legal document that allows you to enter or remain in the United States despite your inadmissibility.
There are many different types of waivers, each with its own requirements. For example, there are waivers for people who have been convicted of certain crimes, for people with certain medical conditions, and for people who need to enter the United States for urgent business or personal reasons.
To find out if you are eligible for a waiver, you will need to apply for a green card. The application process is different for each type of waiver, but usually involves an interview with a consular officer at a U.S. embassy or consulate.
If you are found to be inadmissible, the consular officer will give you a written notice that explains the reasons for your inadmissibility and what you can do to overcome your inadmissibility.
What if I have a criminal record?
If you have a criminal record, you may be inadmissible to the United States. An immigration officer will review your case to determine if you are inadmissible. If you are found inadmissible, you may be able to apply for a waiver of inadmissibility.
What if I have been denied entry to the United States?
If you have been denied entry to the United States, you may be able to use your travel history to check for inadmissibility. To do this, you will need to submit a copy of your passport, visa, and I-94 form to the Department of Homeland Security (DHS). The DHS will then review your travel history and determine if you are eligible to enter the United States.
What if I have been deported from the United States?
If you have been deported from the United States, you will need to apply for a waiver of inadmissibility before you will be allowed to return to the United States.
How can I check my inadmissibility status?
If you are a green card holder, you may travel outside the United States and return as long as you do not abandon your permanent resident status. However, if you travel outside the United States for more than one year or for prolonged periods of time, you may be considered to have abandoned your permanent resident status.
There are two ways to check your inadmissibility status:
-Through a travel history review
-By filing a Petition to Remove Conditions on Permanent Resident Status
If you want to check your inadmissibility status through a travel history review, you will need to provide the following information:
-Your full name
-Your date of birth
-Your place of birth
-Your alien registration number (A-Number)
-A list of all countries you have visited in the last five years