List if offenses that result in inadmissibility

[TorontoCalifornia 2]

Background: I found out when it was too late that a false claim to US Citizenship makes you inadmissible for adjustment of status through marriage. I’ve since contacted a lawyer and he advised me to track down all of the I9s I’ve filled out. I’ve gone back 4-years and so far I did not make a claim to USC on any of them. I’ll be digging deeper this upcoming week. 
 

Is there anything else that will result in me being inadmissible? If I do go back and find my I9s are all good, I don’t want to then be surprised with info about another non-waivable offense I did not know about. 
 

I know that only your most resent overstay of visa is forgiven through marriage and I think I’m good there. My lawyer said I could get a waiver for using a fake SSN (made up, not stolen). Though he did say something about making sure my wife was eligible for a hardship waiver, but it was at the end of the call and he didn’t elaborate (said to focus on the I9s for now). So, if anyone has any info on that, or any other potential offenses I need to worry about I’d appreciate your input.  :  )

Edited November 16, 2019 by TorontoCalifornia

[Boiler 46,199]

Most common

 

Drugs

 

Crime

 

Misrepresentation

 

Illegal presence

[HRQX 4,145]

33 minutes ago, TorontoCalifornia said:

info about another non-waivable offense

Examples:

• any drug crime (other than an offense related to simple possession of 30 grams or less of marijuana)
• drug trafficking
• murder or torture
• significant trafficking in persons
• money laundering
• having committed a particularly severe violation of religious freedom while serving as a foreign government official

https://www.nolo.com/legal-encyclopedia/for-what-types-crimes-may-non-citizen-immigrants-apply-waiver-inadmissibility.html

[TorontoCalifornia 2]

17 minutes ago, Boiler said:

Most common

 

Drugs

 

Crime

 

Misrepresentation

 

Illegal presence

And these all have waivers? 

9 minutes ago, HRQX said:

Examples:

• any drug crime (other than an offense related to simple possession of 30 grams or less of marijuana)
• drug trafficking
• murder or torture
• significant trafficking in persons
• money laundering
• having committed a particularly severe violation of religious freedom while serving as a foreign government official

https://www.nolo.com/legal-encyclopedia/for-what-types-crimes-may-non-citizen-immigrants-apply-waiver-inadmissibility.html

Thank you!

[Boiler 46,199]

Depends, drug dealing no, mass murderers need not apply.

[TorontoCalifornia 2]

22 minutes ago, Boiler said:

Most common

 

Drugs

 

Crime

 

Misrepresentation

 

Illegal presence

Wait. This list doesn’t include false claim to US citizen and overstaying a visa. 

[Boiler 46,199]

False claim is pretty unusual, think of it as akin to drug dealing,  and yes I did.

[geowrian 22,338]

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf

 

35 minutes ago, TorontoCalifornia said:

Wait. This list doesn’t include false claim to US citizen and overstaying a visa. 

Illegal presence is obtained via overstaying a visa.

[SalishSea 18,170]

Some lite reading:

 

https://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=H6+-+Waiver+of+Inadmissibility+-+Unlawful+Presence+-+212+(a)(9)(B)

[TorontoCalifornia 2]

37 minutes ago, geowrian said:

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf

 

Illegal presence is obtained via overstaying a visa.

Gotcha. Thanks! 

1 hour ago, Boiler said:

False claim is pretty unusual, think of it as akin to drug dealing,  and yes I did.

You did what? Get a waiver? For which offense, if you don’t mind me asking?

[TorontoCalifornia 2]

Thanks everyone for your responses. Does anyone have any ideas why my lawyer would suggest my wife may not qualify for a hardship waiver? Is there maybe a minimum threshold of hardship? Would being separated from a spouse not qualify?

[geowrian 22,338]

4 minutes ago, TorontoCalifornia said:

Thanks everyone for your responses. Does anyone have any ideas why my lawyer would suggest my wife may not qualify for a hardship waiver? Is there maybe a minimum threshold of hardship? Would being separated from a spouse not qualify?

I'm assuming they are referring to an I-601. The instructions are here: https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

Approval requires an "extreme hardship" on the petitioner. Separation alone would not meet this standard. A well prepared waiver is often approved IMO.

Edit: As to why she may not meet that requirement, it depends on their individual circumstances. Are you unable to live together outside the US? Why not? is there close family to care for in the US?

Edited November 16, 2019 by geowrian

[SalishSea 18,170]

5 minutes ago, TorontoCalifornia said:

Thanks everyone for your responses. Does anyone have any ideas why my lawyer would suggest my wife may not qualify for a hardship waiver? Is there maybe a minimum threshold of hardship? Would being separated from a spouse not qualify?

I recommend reading AAO administrative decisions via the USCIS link I provided.  You can get some idea of how people tried to show evidence of extreme hardship, and the rationale for the decisions in their cases.

 

Like Geo said, separation alone is not adequate.  One stumbling block you will be up against is the fact that Canada is an English-speaking, Western country with a similar economy and quality of life to the US, so they will be looking for evidence that it would be an extreme hardship for the USC to move there.

[geowrian 22,338]

1 minute ago, Jorgedig said:

 One stumbling block you will be up against is the fact that Canada is an English-speaking, Western country with a similar economy and quality of life to the US, so they will be looking for evidence that it would be an extreme hardship for the USC to move there.

^So much better stated than my response

Edited November 16, 2019 by geowrian

[SalishSea 18,170]

Just now, geowrian said:

^So much better stated than my response

Awww, Geo!  *blush*