Tagged #inadmissibility
Every article we've published on this topic, sorted by the agency's own announcement date.
DHS Removes 2022 Public Charge Rule: What Practitioners Need to Know
On July 20, 2026, DHS announced removal of the 2022 Public Charge rule effective September 18, 2026. New guidance will come via the USCIS Policy Manual, but the loss of structured standards creates uncertainty for green card applicants.
Trump Administration Rescinds 2022 Public Charge Rule; New Standard Takes Effect September 18
The Trump administration finalized a new public charge rule on July 17 that eliminates structured guidance and grants USCIS officers broader discretion to deny green cards based on applicants' use of public benefits. The rule takes effect September 18, 2026.
DHS Rescinds 2022 Public Charge Rule
DHS issues final rule rescinding the 2022 public charge regulation and returning to a broader, discretionary case-by-case approach for evaluating public charge inadmissibility. Effective September 18, 2026.
Trump Administration Revives Expanded Public Charge Rule for Green Card Applicants
USCIS is reinstating a broad public charge rule that expands which public benefits can disqualify immigrants seeking green cards, effective September 18, 2026. The rule broadens the scope beyond the 2022 standard.
Supreme Court allows border officials to parole returning green card holders without clear proof of crime
In Blanche v. Lau, the Supreme Court ruled 6-3 that DHS can parole returning lawful permanent residents based on pending charges alone, without meeting clear-and-convincing-evidence standard. Affects green card reentry litigation and port-of-entry strategy.
7th Circuit vacates BIA decision for defying remand order in U visa case
Federal appeals court rejects Board of Immigration Appeals' refusal to implement prior ruling, vacates decision against Jorge Baez-Sanchez in U visa inadmissibility waiver case.
DHS Proposes to Rescind 2022 Public Charge Rule, Restore Broader Discretion
DHS published a Notice of Proposed Rulemaking rescinding the 2022 public charge ground of inadmissibility regulations and expanding discretion to consider any public benefit in admission and adjustment determinations.
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.