What is Section 212 A 7 AII?

What is Section 212 A 7 AII?

Section 212(a)(7)(A)(i)(I) of the INA: Any alien who at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Act, or who is not in possession of a valid unexpired passport, or other suitable …

What is my immigration status if I overstayed my visa?

An overstay is when you entered the United States with a visa (or through the Visa Waiver Program), but you stayed longer than you were allowed to. If you overstay your visa, you start to accrue unlawful presence. Unlawful presence means that you are in the United States but you don’t have any immigration status.

Is there a waiver for 212 A 2 I?

212(h) provides three avenues for a 212(a)(2)(A)(i)(I) waiver.

What is a Hranka waiver?

A Hranka waiver is a discretionary waiver, meaning that it is up to the immigration authority’s discretion whether or not to grant the waiver. Using a Hranka waiver, the immigration official can decide to let the person enter the U.S. based on a number of factors that they must consider.

What happens if overstay visa?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

What’s the penalty for overstaying visa?

Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”. Visa overstays may be restricted from applying for Extension of Stay or Change of Status. Visa overstays will have their existing visa automatically revoked or cancelled.

What is a 212 waiver in immigration?

The I-212 waiver (under Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act) allows foreign nationals to apply for early readmission into the U.S. after having been previously removed and before they have met their statutory period of stay outside the U.S.

What is Section 212 A?

Section 212(a)(4)(A) of the Immigration and Nationality Act allows for the denial of entry to the United States of any applicant who is considered likely to become public charge at any time.

What is considered an immigration violation?

A person violates U.S. immigration laws when that person works for a total of 180 days or more in a five-year period before being granted legal permission to work. It is often difficult to determine when an immigrant has violated U.S. immigration laws through unauthorized employment.

What happens if you overstay your visa for less than 180 days?

Effect of Overstay of Less Than 180 Days With Regard to Future Inadmissibility. If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence).

Is the visa overstay waiver available for foreign nationals?

The visa overstay waiver is not available to foreign nationals who only have children who are US citizens or permanent residents.

What is a 212A waiver for a visa?

If you are ineligible for a visa based on one or more of the laws listed in Section 212 (a) of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available.

Can a non immigrant get a waiver of inadmissibility for overstay?

Non-immigrants, though not qualified for the overstay waiver, may be eligible for a general waiver of inadmissibility after leaving. While there is no guarantee you will be able to avoid or mitigate the penalties of overstay, taking these steps may improve your chances.