There are many different situations where immigrants may need to address issues related to inadmissibility. Immigration officials may determine that a person is inadmissible to the United States due to issues such as criminal convictions or violations of the laws related to immigration. In some cases, immigrants may be able to apply for waivers of inadmissibility allowing them to enter or remain in the U.S. For those who are inadmissible because they have remained in the United States without authorization, provisional unlawful presence waivers may allow them to gain legal immigration status.

Qualifying for Provisional Unlawful Presence Waivers

Unlawful presence in the United States refers to any time spent in the country without legal authorization, such as remaining in the country after the expiration of a temporary visa or entering the country illegally and living in the U.S. without documentation. Unlawful presence can lead to restrictions on a person’s ability to re-enter the United States in the future. A person who stays in the U.S. without authorization for between 180 days and one year will be inadmissible for three years after the date they departed the country. For those with unlawful presence of more than one year, a 10-year bar to admissibility will apply.

Immigrants who are currently in the United States unlawfully may be concerned that if they leave the country, they will be restricted from proceeding with the legal immigration process. However, immigrants may qualify for provisional unlawful presence waivers that will allow them to leave the U.S. and pursue an immigrant visa through consular processing. To be eligible for a provisional unlawful presence waiver, a person will need to meet the following requirements:

There are many reasons why people from other countries may plan to come to the United States to ensure that they can remain safe from harm. Those who believe that they are in danger of persecution or who have a credible belief that they will be harmed or killed may apply for asylum after they enter the U.S., which will provide them with protection from deportation. In recent years, many immigrants have struggled to receive asylum protections, but new changes to immigration rules and policies may make this process easier and ensure that immigrants can receive the protections they need.

Biden Administration Plans to Lift Public Health Order Affecting Asylum Cases

During the administration of President Donald Trump, the Centers for Disease Control and Prevention (CDC) implemented a public health order known as Title 42. This order took effect in March of 2020, and it was meant to prevent the possibility of COVID-19 infections being spread by immigrants entering the United States. Under this order, immigration officials were allowed to expel undocumented immigrants without the requirement to follow standard procedures, even in cases where immigrants were seeking asylum. 

The administration of President Joe Biden has kept Title 42 in place, and since this rule was implemented, around 1.7 million people have been deported. However, the Biden administration has announced that it plans to lift Title 42. Officials believe that this rule is no longer necessary to protect public health. Following this change, more migrants will be able to enter the United States and apply for asylum.

A foreign citizen whose presence in the U.S. depends on a visa or green card must avoid actions that could attract the attention of U.S. Immigration and Customs Enforcement (ICE) and result in deportation from the U.S. Being convicted of a crime, such as driving under the influence (DUI), can result in your being detained by ICE officers. 

What Are the Responsibilities of ICE?

ICE handles a variety of issues related to immigration, including:

• Preventing terrorism;
• Combating international crimes such as drug and weapons trafficking;
• Identifying and removing aliens who have committed crimes and therefore present a risk to public safety; and
• Arresting aliens who have entered the U.S. illegally or have committed some type of immigration fraud.

What Kinds of Crimes Can Lead to ICE Arrests and Deportation?

A summary of some recent ICE arrests provides a good overview of the types of activities that lawful permanent residents (LPRs) and temporary visa holders should avoid:

Many immigrants to the U.S. are dependent on a parent, spouse, or sibling to sponsor them for a family-based visa. Sponsorship is a bigger responsibility than many people realize. The sponsor must file an affidavit of support for the immigrant, which is a legally enforceable contract that commits the sponsor to financially support the immigrant until they have either become a U.S. citizen or have been credited by the Social Security Administration with 40 quarters of paid work (10 years). 

If an immigrant sponsored by a U.S. citizen or Green Card holder accepts means-tested public aid, the sponsor may be required to repay the cost of those benefits. Means-tested public aid programs include:

• Temporary Assistance for Needy Families (TANF), which provides financial assistance to help pay for food, shelter, and utilities for families with dependent children; 
• Supplemental Nutrition Assistance Program (SNAP), also known as food stamps; and 
• Medicaid, which provides health care coverage to low-income people.

What Happens if a Sponsor Dies Before the Immigrant Gets Their Green Card?

There are many reasons why people around the world may need to flee their home countries and determine how they and their families will be able to live where they will be safe from harm. Civil wars, political upheaval, criminal activity, natural disasters, and other emergencies may force people to seek safety elsewhere, including by immigrating to the United States. In these situations, people may be able to receive refugee or asylum protections, even if they would not otherwise qualify for immigration. By understanding when these types of protections are available, those who are looking to escape dangerous situations and begin a new life in a safe country can take steps to apply for and maintain a lawful status in the U.S.

Who Is Considered a Refugee?

People who are currently outside of the United States may apply for entry into the country as refugees if they meet certain qualifications. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who has left their home country or the country where they most recently resided and are unable or unwilling to return to that country. A person’s reasons for their reluctance to return to their home country must be based on fear of persecution, and they will need to provide evidence that they have experienced persecution or are likely to experience persecution because of a protected status. These statuses may include their race, nationality, or religion, or because they are a member of a certain group, such as a political party or social group. A person may be disqualified from receiving refugee status if they have engaged in the persecution of others, including inciting violence, ordering reprisals, or assisting in actions against people based on their protected status.

A person who qualifies as a refugee and who has not resettled in another country may apply for entry into the United States for themselves and their immediate family members (which are generally limited to their spouse and any unmarried minor children). A person may receive a referral to the U.S. Refugee Admissions Program (USRAP) from the United Nations, the U.S. embassy in the country where a person is currently located, or certain non-governmental organizations. Some immigrants may also qualify as refugees because they are in a group designated for “special humanitarian concern” by the president of the United States or USRAP. After receiving a referral and being approved as a refugee, a person will be able to travel to the U.S., receive authorization to work, and begin the process of applying for a Green Card.