1. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.1 MICPEL CLE Seminar The Nuts and Bolts of Immigration Practice Admissibility and Waivers By: Michael L. Kabik, Esq. © 2005 Immigration, Nationality & Consular Practice Group Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike, Rockville, Maryland 20852-2743 U.S.A. Telephone: (301) 231-0937 Facsimile: (301) 230-2891 E-Mail: mkabik@srgpe.com Web Site: www.shulmanrogers.com

2. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.2 Inadmissibility and Deportability Inadmissibility vs. Deportability Two related but distinct concepts under immigration law

3. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.3 Inadmissibility and Deportability Provisions of the Immigration and Nationality Act governing inadmissibility and deportability are not identical Alien can be deportable but not inadmissible Alien can be inadmissible but not deportable

4. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.4 Inadmissibility and Deportability Inadmissibility [INA § 212] Whether aliens will be able to enter the US Inadmissible alien requires a waiver of inadmissibility

5. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.5 Inadmissibility and Deportability Deportability [INA § 237] Whether persons in the US can be deported

6. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.6 Admissibility Admissibility (entry to US) In order to: Be issued a nonimmigrant visa abroad, Be admitted to the US, Adjust status to permanent resident in the US, or Consular process an immigrant visa abroad Beneficiary must be admissible

7. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.7 Inadmissibility Grounds of Inadmissibility Health-related Criminal and related Security and related Public Charge

8. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.8 Inadmissibility Grounds of Inadmissibility Illegal entrants and immigration violators Documentation requirements Permanently ineligible for citizenship Aliens previously removed

9. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.9 Inadmissibility Grounds of Inadmissibility Aliens unlawfully present (> 180 days/ 1 year +) and depart (3/10 year inadmissibility) Practicing polygamists Unlawful voters

10. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.10 Waivers Waivers of Inadmissibility 212(h) Waiver- CIMT or possession of marijuana (30 grams or less) Beneficiary is spouse, parent, son or daughter or US Citizen or LPR Extreme hardship to US Citizen or LPR

11. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.11 Waivers Waivers of Inadmissibility 212(i) Waiver- Fraud or misrepresentation Beneficiary is spouse, son or daughter or US Citizen or LPR Extreme hardship to US Citizen or LPR

12. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.12 Waivers Waivers of Inadmissibility 212(a)(9)(B)(v) Waiver- Unlawful presence Beneficiary is spouse, son or daughter or US Citizen or LPR Extreme hardship to US Citizen or LPR

13. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.13 Waivers Waivers of Inadmissibility 212(d)(3)(A) Waiver – General Waiver for Nonimmigrant Visas 3 Criteria [Matter of Hranka] Risk of Harm to Society if Alien admitted; Seriousness of Aliens criminal or immigration violations; and Nature of Aliens reason for seeking entry

14. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.14 Waivers J-1 Two Year Foreign Residence Requirement Skills List Foreign Government Funding US Government Funding Graduate Medical Education or Training

15. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.15 Waivers Waivers of Two Year Foreign Residence Requirement No Objection Statement Exceptional Hardship Persecution Interested Government Agency State Health Agency Request

16. January 21, 2005 Shulman, Rogers, Gandal, Pordy & Ecker, P.A.16 Legal Disclaimer Facts of individual cases differ The information provided herein is general in nature and is not intended as legal advice Consult with an experienced immigration attorney with regard to specific cases