This article covers the grounds of inadmissibility for US immigration regarding Employment Qualifications and Immigration Violators.
Labor Certifications and Employment Qualifications
1. Persons without approved labor certifications, if one is required under the category under which the green card application is made.
- No waiver available
2. Graduates of unaccredited medical schools, whether inside or outside the US, immigrating to the US in a second or third preference category based on their profession, who have not both passed the foreign medical graduates exam and shown proficiency in English.
- Physicians qualifying as special immigrants, who have been practicing medicine in the US with a license since January 9, 1978 are not subject to this exclusion.)
3. Uncertified foreign health care workers seeking entry based on clinical employment in their filed (not including physicians).
- But applicant may show qualifications by submitting a certificate from the commission on Graduates of Foreign Nursing Schools or the equivalent.
Immigration Violators
1. Persons who entered the US without inspection by the immigration authorities.
- A waiver is available for certain battered women and children who came to the US escaping such battery.
2. Persons who were deported after a hearing and seek readmission within ten years.
- Conditions of waiver are discretionary with USCIS.
3. Persons who have failed to attend removal (deportation) proceedings ( unless they had reasonable cause for doing so)
- Advanced permission to apply for readmission. Conditions of waiver are discretionary with USCIS.
4. People who have been summarily excluded from the US and again attempt to enter within five years.
- Conditions of waiver are discretionary with USCIS.
5. Persons who have made misrepresentations during the immigration process.
- The applicant must be the spouse or child of a US citizen or child of a US citizen or green card holder. A waiver will be granted if the refusal of admission would cause extreme hardship to that relative. Conditions of waiver are discretionary with USCIS.
6. Person who made a false claim to US citizenship.
- Conditions of waiver are discretionary with USCIS.
7. Individuals subject to a deportation under the Immigration and Naturalization Act 274C (for Civil document fraud)
- Conditions of waiver are available to residents who voluntarily left the US and for those applying for permanent residence as immediate relatives or biased on other family petitions, if fraud was committed solely to assist the persons spouse or child and provided that no fine was imposed as part of the previous civil proceeding.
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