Unlawful Presence And Inadmissibility

The unlawful presence entry bars apply. If the applicant were inadmissible on any grounds, he would require a waiver under section 212(d)(3)(A) and a finding that the applicant would be eligible for a waiver at the adjustment of status interview. For applicants facing inadmissibility charges, the risk of applying at a U.S. consulate is great.

 

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