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Thread: GROUNDS OF INADMISSIBILITY NOT APPLICABLE

  1. #1
    IE, could you, or some one good as you are explain this:


    `(B) GROUNDS OF INADMISSIBILITY NOT APPLICABLE-
    In establishing admissibility to the United States, the spouse or child described in subparagraph (A) shall establish that they are not inadmissible under section 212(a), except for any provision of that section that is waived under subsection (b) of this section.

    and here is subsection (b) of this section:


    `(b) Grounds of Inadmissibility-
    `(1) APPLICABLE PROVISIONS- In the determination of an alien's admissibility under paragraphs (1)(C) and (2) of subsection (a), the following provisions of section 212(a) shall apply and may not be waived by the Secretary of Homeland Security under paragraph (3)(A):
    `(A) Paragraph (1) (relating to health).
    `(B) Paragraph (2) (relating to criminals).
    `(C) Paragraph (3) (relating to security and related grounds).
    `(D) Subparagraphs (A) and (C) of paragraph (10) (relating to polygamists and child abductors).
    `(2) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and (10)(B) of section 212(a) shall not apply to an alien who is applying for adjustment of status under subsection (a).
    `(3) WAIVER OF OTHER GROUNDS-
    `(A) IN GENERAL- Except as provided in paragraph (1), the Secretary of Homeland Security may waive any provision of section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.
    `(B) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security, other than under this subparagraph, to waive the provisions of section 212(a).
    `(4) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(4) if the alien establishes a history of employment in the United States evidencing self-support without public cash assistance.
    `(5) SPECIAL RULE FOR INDIVIDUALS WHERE THERE IS NO COMMERCIAL PURPOSE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(6)(E) if the alien establishes that the action referred to in that section was taken for humanitarian purposes, to ensure family unity, or was otherwise in the public interest.
    `(6) APPLICABILITY OF OTHER PROVISIONS- Section 241(a)(5) and section 240B(d) shall not apply with respect to an alien who is applying for adjustment of status under subsection (a).
    `(6) INELIGIBILITY-
    `(A) IN GENERAL- An alien is ineligible for adjustment to lawful permanent resident status under this section if--
    `(i) the alien has been ordered removed from the United States--
    `(I) for overstaying the period of authorized admission under section 217;
    `(II) under section 235 or 238; or
    `(III) pursuant to a final order of removal under section 240;
    `(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
    `(iii) the alien is subject to section 241(a)(5);
    `(iv) the Secretary of Homeland Security determines that--
    `(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
    `(II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
    `(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
    `(v) the alien has been convicted of a felony or 3 or more misdemeanors.
    `(B) EXCEPTION- Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
    `(i) entry into the United States without inspection;
    `(ii) remaining in the United States beyond the period of authorized admission; or
    `(iii) failure to maintain legal status while in the United States.
    `(C) WAIVER- The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien was ordered removed on the basis that the alien--
    `(i) entered without inspection;
    `(ii) failed to maintain status; or
    `(iii) was ordered removed under 212(a)(6)(C)(i) prior to April 7, 2006,
    `and--
    `(i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
    `(ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; or
    `(iii) the alien's departure from the United States now would result in extreme hardship to the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.

  2. #2
    IE, could you, or some one good as you are explain this:


    `(B) GROUNDS OF INADMISSIBILITY NOT APPLICABLE-
    In establishing admissibility to the United States, the spouse or child described in subparagraph (A) shall establish that they are not inadmissible under section 212(a), except for any provision of that section that is waived under subsection (b) of this section.

    and here is subsection (b) of this section:


    `(b) Grounds of Inadmissibility-
    `(1) APPLICABLE PROVISIONS- In the determination of an alien's admissibility under paragraphs (1)(C) and (2) of subsection (a), the following provisions of section 212(a) shall apply and may not be waived by the Secretary of Homeland Security under paragraph (3)(A):
    `(A) Paragraph (1) (relating to health).
    `(B) Paragraph (2) (relating to criminals).
    `(C) Paragraph (3) (relating to security and related grounds).
    `(D) Subparagraphs (A) and (C) of paragraph (10) (relating to polygamists and child abductors).
    `(2) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and (10)(B) of section 212(a) shall not apply to an alien who is applying for adjustment of status under subsection (a).
    `(3) WAIVER OF OTHER GROUNDS-
    `(A) IN GENERAL- Except as provided in paragraph (1), the Secretary of Homeland Security may waive any provision of section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.
    `(B) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security, other than under this subparagraph, to waive the provisions of section 212(a).
    `(4) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(4) if the alien establishes a history of employment in the United States evidencing self-support without public cash assistance.
    `(5) SPECIAL RULE FOR INDIVIDUALS WHERE THERE IS NO COMMERCIAL PURPOSE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(6)(E) if the alien establishes that the action referred to in that section was taken for humanitarian purposes, to ensure family unity, or was otherwise in the public interest.
    `(6) APPLICABILITY OF OTHER PROVISIONS- Section 241(a)(5) and section 240B(d) shall not apply with respect to an alien who is applying for adjustment of status under subsection (a).
    `(6) INELIGIBILITY-
    `(A) IN GENERAL- An alien is ineligible for adjustment to lawful permanent resident status under this section if--
    `(i) the alien has been ordered removed from the United States--
    `(I) for overstaying the period of authorized admission under section 217;
    `(II) under section 235 or 238; or
    `(III) pursuant to a final order of removal under section 240;
    `(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
    `(iii) the alien is subject to section 241(a)(5);
    `(iv) the Secretary of Homeland Security determines that--
    `(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
    `(II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
    `(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
    `(v) the alien has been convicted of a felony or 3 or more misdemeanors.
    `(B) EXCEPTION- Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
    `(i) entry into the United States without inspection;
    `(ii) remaining in the United States beyond the period of authorized admission; or
    `(iii) failure to maintain legal status while in the United States.
    `(C) WAIVER- The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien was ordered removed on the basis that the alien--
    `(i) entered without inspection;
    `(ii) failed to maintain status; or
    `(iii) was ordered removed under 212(a)(6)(C)(i) prior to April 7, 2006,
    `and--
    `(i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
    `(ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; or
    `(iii) the alien's departure from the United States now would result in extreme hardship to the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.

  3. #3
    What is not clear to you?

    It states clearly what grounds of inadmissibility apply , which don't and which (under what circumstances) can be waived under Secretary's discretion.

  4. #4
    Here is what I don't get:

    `(2) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and (10)(B) of section 212(a) shall not apply to an alien who is applying for adjustment of status under subsection (a).

    What does this mean: "shall not apply to an alien who is applying for adjustment of status "??

  5. #5
    It simply means that if you look into Section 212(a) of INA , those particular provisions of 212(a) -->>> (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) ( but other than subparagraph (C)(i)(II)), and (10)(B) ) do NOT apply to alien who adjusts status under this Law(meaning: those are IRRELEVANT, not precluding alien from adjustment).

    I surely hope you know how to read Sections, provisions and subsections of INA if you went as far as to quote and ask question about it.

    Regards,

    IE

  6. #6

  7. #7
    Без проблем
    Если что всегда рад помочь.

  8. #8
    IE, here is what confuses hell out of me.

    All those mentioned 212 provisions do not preclude an alien to apply for ajustment of status. But what does??

    Is there any contradiction with this paragraph?

    `(A) IN GENERAL- An alien is ineligible for adjustment to lawful permanent resident status under this section if--
    `(i) the alien has been ordered removed from the United States--
    `(I) for overstaying the period of authorized admission under section 217;
    `(II) under section 235 or 238; or
    `(III) pursuant to a final order of removal under section 240;
    `(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under

    Where is a poison pill?? Unless you are a criminal, you are still allowed to apply?

  9. #9
    I don't see any poison pills there, it is simply one of the most fair and thoughtfully crafted parts of legislation.

    There is no contradiction at all and I assume you know it better than I do, just teasing me to see if I know it as well

    Where did you learn Russian?
    Diplomatic School in Arlingotn,VA?
    Or former Russian/Soviet native?

    Take care,

    IE

  10. #10
    No, man, I am not teasing you, you are the lawyer-one, I am just a native-one trying to decipher the bill. Really, what I don't get, if an alien ordered deported for overstaying 10 years ago, is he still good to apply? but may be ineligible for adjustment to lawful permanent resident status after all?? or is he inadmissible at the moment?

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