Generally, entering or remaining in the U.S. without authorization is grounds for inadmissibility. However, there are exceptions. Which exceptions are applicable depends on whether an undocumented individual has been previously removed or not and precisely how and why they entered the U.S. without documentation. A good place to start is with the general rules defining grounds for inadmissibility to give context to the more specific rules for exceptions and waivers. After becoming familiar with the applicable statutes defining the grounds of inadmissibility, providing for excpetions or waivers, and any relevant statutes crossreferenced such as definitions, it is a good idea to become familiar with Federal Regulations related to those statutes to see how they are interpreted and applied.
3B Am. Jur. 2d Aliens and Citizens:
Extreme Hardship Suspending Deportation of Alien, 35 Am. Jur. Proof of Facts 2d 459.
West's Key Number Digest: Aliens k46, k53.4.
Corp. Jur. 2d "Aliens"
Family, A Broader View of the Immigration Adjudication Problem, 23 Geo. Immigr. L.J. 595 (2009).
Nessel, Families at Risk: How Errant Enforcement and Restrictionist Integration Policies Threaten the Immigrant Family in the European Union and the United States, 36 Hofstra L. Rev. 1271 (2008).
Application of Inadmissibility Provision Relating to Flase Claims of United States Citizenship, 8 U.S.C.A. § 1182(a)(6)(C)(ii), 77 A.L.R. Fed. 2d 131.
7 A.L.R. Fed. 2d 131 (Originally published in 2013) "Application of Inadmissibility Provision Relating to False Claims of United States Citizenship, 8 U.S.C.A. § 1182(a)(6)(C)(ii)," Lonnie E. Griffith, Jr., J.D. (Discussing an exception for minors).
72 A.L.R. Fed. 2d 381 (Originally published in 2013) "Application of Immigration and Nationality Act (INA) § 237(a)(1)(H) [8 U.S.C.A. § 1227(a)(1)(H)] Permitting Waiver of Removability for Fraud or Misrepresentation in Procuring Visa or Admission by Certain Relatives of Citizens or Lawful Permanent Residents," Emmanuel S. Tipon, LL.B., LL.M. (Discussing the waiver on grounds of preserving family unity).
10 A.L.R. Fed. 2d 435 (Originally published in 2006) "Validity, Construction, and Application of Legal Immigration Family Equity Act (LIFE Act), and Regulations Promulgated Thereunder," Deborah F. Buckman, J.D. (Discussing how the LIFE Act extended relief availible to some aliens allowing undocumented aliens married to lawful residents to remain here while they seek to adjust their legal status and relief availible to their children).
37 A.L.R. Fed. 2d 34 (Originally published in 2009), "Construction and Application of Special Agricultural Worker (SAW) Program, 8 U.S.C.A. § 1160," James Lockhart, J.D. (Discussing how the SAW is an amnisty program enacted under the INA granting legal residence undocumented agricultural workers who meet certain criteria).
58 A.L.R. Fed. 2d 291 (Originally published in 2011) "Construction and Application of Visa Waiver Program," Deborah F. Buckman, J.D. (Discussing the scope and application of the Visa Waiver Program (VWP) which facilitates foreign travel by allowing some international travelers can stay in the U.S. for 90 days but also facilitates their removal if they stay beyond 90 days).
177 A.L.R. Fed. 459 (Originally Published in 2002) "Illegal Reentry Under § 276 of Immigration and Nationality Act (8 U.S.C.A. § 1326) of Alien Who Has Been Denied Admission, Excluded, Deported, or Removed or Has Departed United States While Order of Exclussion, Deportation, or Removal is Outstanding," Kurtis A. Kemper, J.D. (Discussing how limited an alien's ability to attack a deportation is when the alien has already been prosecuted for illgal re-entry).
15 A.L.R. Fed. 2d 149 (Originally published in 2006) "Construction and Application of Antismuggling of Aliens Statute, 8 U.S.C.A. § 1182(a)(6)(E)(i)," George L. Blum, J.D.
97 A.L.R. Fed. 350 (Originally published in 1990) "Aliens who qualifies for discretionary withdrawal of admission application, so as to avoid 1-year entry bar of § 212(a)(16) of Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1182(a)(16)), pertaining to excludable aliens," Gregory G. Sarno, J.D.
83 A.L.R. Fed. 350 (Originally published in 1987) "When is aiding of alien's illegal entry into United States "knowingly" so as to be ground for exclussion under § 212(a)(31) of Immigration and Nationality Act (8 U.S.C.A. § 1182(a)(31)) or for deportation under § 241(a)(13) of Immigration and Nationality Act (8 U.S.C.A. § 1215(a)(13))," Eunice A. Eichelberger, J.D.
