Tagged #inadmissibility
Every article we've published on this topic, sorted by the agency's own announcement date.
Public Charge Inadmissibility After the 2022 Final Rule: What Actually Triggers It
The 2022 DHS public-charge rule replaced the 2019 Trump-era regime and tightened the totality-of-circumstances test. Here is what the rule actually counts, and what it ignores.
Controlled-Substance Inadmissibility and the 30-Grams-of-Marijuana Exception
INA §212(a)(2)(A)(i)(II) treats any controlled-substance conviction as inadmissible — with one narrow exception for a single offense of simple possession of 30 grams or less of marijuana. Here's how the exception actually applies.
Crimes Involving Moral Turpitude After Silva-Trevino II: The Categorical Approach Is Back
The BIA's 2016 Silva-Trevino decision restored the categorical approach for CIMT determinations and rejected the realistic-probability fact-finding the AG had grafted on in 2008. Here's what that means in practice.
False Claim to U.S. Citizenship Under INA §212(a)(6)(C)(ii): The Catastrophic Ground With No General Waiver
A false claim to U.S. citizenship made on or after September 30, 1996, for any purpose or benefit under federal or state law, is a permanent inadmissibility and deportability ground — with no §212(i) waiver.
Unlawful Presence: The 3-Year, 10-Year, and Permanent Bars Under INA §212(a)(9)(B) and (C)
Unlawful presence is the trap that turns an overstay into a decade of re-entry bars. Here's how the 3-year, 10-year, and permanent bars accrue, what tolls them, and where the waivers fit.
The Frivolous-Asylum Permanent Bar Under §208(d)(6): What Counts and How To Avoid Triggering It
A finding of frivolous asylum under INA §208(d)(6) permanently bars all immigration benefits. The standard from Matter of Y-L- is procedural and substantive — both sides must be litigated.
The Petty-Offense Exception to CIMT Inadmissibility: INA §212(a)(2)(A)(ii)(II) Done Right
A single CIMT can survive inadmissibility if the maximum possible sentence was a year or less and the actual sentence was six months or less. Matter of Garcia-Hernandez sets the math.
I-601 Waiver: The Extreme-Hardship Standard Under Matter of Cervantes-Gonzalez
How the BIA's Cervantes factors structure an I-601 waiver of inadmissibility — and what 'extreme hardship' to a qualifying relative actually requires in 2026.
Aggravated Felonies: The §101(a)(43) Laundry List and the One-Year-Sentence Trigger
INA §101(a)(43) defines 21 categories of 'aggravated felony' for immigration purposes, and many turn on a one-year-or-more sentence imposed — not served. Here's how the trigger actually works.
Material Misrepresentation Under §212(a)(6)(C)(i): The Kungys Standard and the I-601 Waiver Path
Material misrepresentation differs from false claim to citizenship — it's waivable. Kungys defines materiality, and Form I-601 is the path. Here's how the analysis works.