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Here is a list of 10 common reasons that would make you ineligible for a green card or visa:
(1) 3-year penalty for having lived inside the United States for over 180 days without authorization. This penalty can be waived if an applicant has a spouse or parent that is a U.S. citizen (USC) or Legal Permanent Resident (LPR).
(2) 10-year penalty for having lived inside the United States for over 1 year without authorization. This penalty can be waived if the applicant has a spouse or parent that is a USC or LPR .
(3) 10-year permanent penalty for having lived inside the United States for over 1 year without authorization, then departing, and returning without being inspected or admitted. This penalty cannot be waived.
(4) 5-year penalty for having been deported at the border. This penalty cannot be waived.
(5) Fraud or misrepresentation for having lied about something important relating to your immigration application or for having used fake documents to try to enter the United States. This penalty can be waived if the applicant has a spouse or parent that is a USC or LPR
(6) Alien smuggling for having helped anyone at any time in anyway enter the United States unlawfully. This penalty can be waived if the applicant helped only his or her son, daughter, spouse, or parent. A waiver can be granted to assure "family unity," which is a broad legal standard that takes into account any family members (children, spouses, parents, grandparents, grandchildren, siblings, etc). with legal status in the United States that the applicant will reunite with upon the approval of a waiver.
(7) Criminal convictions for multiple crimes involving moral turpitude (theft, for example). This penalty can be waived if the applicant has a child, spouse, or parent that is a USC or LPR.
(8) Drug offenses for any violation of a controlled substance law. This penalty can be waived only for simple possession of cannabis of less than 30 grams if the applicant has a child, spouse, or parent that is a USC or LPR.
(9) Mental or health disorders for abusing alcohol or drugs. Simply admitting you have done drugs could trigger this penalty. This penalty can be waived by completing a one year period and getting a medical evaluation showing that the applicant no longer has a disorder or has a treatment plan in place.
(10) Public charge for being likely to become dependent on government public aid. This penalty can be overcome by submitting evidence of a qualified sponsor in the United States that earns the required income to support and maintain the applicant.
As you can see, many of these penalties can be waived. But you must meet certain criteria for each waiver. Some applicants are simply ineligible to submit a waiver because they do not have the required relationship. For example, most people face the 10-year penalty for unlawful presence, but only applicants with a spouse or parent that is a USC or LPR are eligible to submit a waiver to waive the penalty. Many applicants have a child that is a USC or LPR. But a child is not taken into account for the 10-year penalty listed above. A child is sometimes taken into account to waive other penalties such as a penalty for a criminal ground or drug offense. But a child is not taken into account to waive the common 10-year penalty.
After determining eligibility, an applicant must file Form I-601, Application for Waiver of Grounds of Inadmissibility. There are different legal standards that must be proved to get a waiver approved. For the 10-year penalty and fraud, for example, an applicant must show his qualifying relative with suffer “extreme hardship,” which refers to the aggregate amount of hardship that a person will suffer due to the absence of the applicant. Economic factors, health related factors, emotional factors, educational factors, family separation, cultural factors, etc. are all taken into account in determining whether or not “extreme hardship” exists in any given case.
As a general rule, an applicant must show that his or her qualifying relative will suffer a hardship that is beyond that which is normally associated with family separation due to an immigration violation. That is, economic detriment or family separation, taken alone, will not constitute “extreme hardship” in all likelihood.