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The following grounds of inadmissibility under section 212 of the Act are the ones most frequently charged on the NTA in removal proceedings:
- Crimes Involving Moral Turpitude (CIMT);
- Drug Crimes;
- Controlled Substance Traffickers;
- Multiple Criminal Convictions
- Two or more non-political offenses;
- Confinement to five years or more;
- Regardless of whether or not convictions occurred in a single trial or scheme of misconduct;
- Aliens Present Without Permission or Parole
- The alien has the burden of proving admission;
- EXCEPTION: Battered women and children are not subject to removal if present without admission or parole and can meet the requirement to self-petition. INA 212(a)(6)(A)(ii);
- Fraud;
- Alien Smugglers;
- Lack of Documentation upon attempted admission;
- Aliens Unlawfully Present in the U.S.
- Exceptions:
- Minors, asylum applicants, family unity beneficiaries, battered women and children are not inadmissible.
- An alien who is the spouse, son, or daughter of a U.S. citizen or lawful permanent resident may apply for a waiver if he can show that the qualifying relative will suffer extreme hardship if the waiver is not granted.
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