Adjustment bars are regulations that disqualify an applicant for permanent or conditional residency based on past actions or offences, regardless of whether or not the applicant was aware of the bar at the time of application.
Although many non-citizens meet the requirements for a green card, some applications are ultimately denied if one or more obstacles to adjusting status are fulfilled. Discuss your situation with an immigration lawyer in NY.
There are three main types of statutory restrictions on adjustments:
- The condition of being illegal. If the candidate for a green card is already in the country illegally, they will be denied. This can happen if the individual’s visa, parole, or participation in a visa waiver programme has expired or been revoked. If you overstay your visa or other advantage and continue to live in the nation, you are here illegally.
- Lack of status maintenance. If the green card applicant has broken the law during any visit to the United States, past or present, they will be denied entry. A common cause of this problem is visa overstay. There may be a grace period after your visa expiration date that allows you to remain in the country. The length of time you are legally allowed to remain in the nation is indicated on your Form I-94 Arrival/Departure Record, which may differ from the length of time your visa says you are allowed to stay.
- Acquiring a job without permission. If the green card applicant renders any service or work within the United States without first receiving employment authorization from USCIS, the application will be denied. Employment that goes beyond the purview or duration of the applicant’s permissions is also prohibited.
Justification for being denied entry
Like with limitations on adjusting status, there are factors that automatically disqualify an applicant. If the applicant is denied entry into or stay in the United States due to one or more of these grounds, they will be unable to finalise their application for permanent status.
Common reasons for being denied entry include:
- Medical necessity
- Motivations related to criminal activity
- Due to security concerns
- Spending that is borne by the public
- Violating immigration law and making an unauthorised entry
- Mandatory Reporting Requirements
- Formerly Excluded Aliens
- No of how long a person has been physically present in the country before filing for adjustment of status, under immigration law they are still considered to be outside the country and seeking entrance. As a result, foreign nationals outside and inside the United States are subject to inadmissibility grounds.