[20210527]LSB10603_根据INA§212（h）酌情放弃不可受理的刑事理由 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Discretionary Waivers of Criminal Grounds of Inadmissibility Under INA 212(h) May 27, 2021 Federal immigration laws provide for the exclusion and removal of non-U.S. nationals (“aliens,” as the term is used in the Immigration and Nationality Act INA) who lack authorization to enter or remain in the United States. The grounds for removal differ depending on whether an alien has already been lawfully admitted into the country. Those who have not yet been admittedwhether applying for a visa from abroad to come to the United States, initially presenting themselves at a U.S. port of entry, or found in the country after entering surreptitiouslymay be removed if they fall within any of the grounds of inadmissibility listed under INA 212(a), including on account of committing enumerated criminal offenses. These inadmissibility groundsparticularly those relating to criminal activityare cross-referenced by a host of other INA provisions relevant to unadmitted and admitted aliens alike, including provisions establishing aliens eligibility for relief from removal (e.g., asylum) and their ability to