Ineligibilities (Bars) to become a Lawful Permanent Resident (LPR)

Ineligibilities (Bars) for Lawful Permanent Residency

Generally, the following factors (but not limited to) can be ineligible for someone from becoming a lawful permanent resident (LPR) or a green card holder. 

Unlawful Presence

For example: Individual who accrued a certain amount of unlawful presence or living in the U.S. without legal status, that can trigger bars to reentry. The three-year and ten-year bars are triggered but it depends on when he/she leaves the U.S. More importantly, a permanent bar can be triggered if he/she departs after accruing at least one year of unlawful presence and then seeks to re-enter the U.S. without authorization. 

Criminal Activity

When he/she was convicted of certain qualifying crimes, specifically aggravated felonies or crimes involving moral turpitude (CIMT), that can make them inadmissible and ineligible for LPR status. 

Fraud and Misrepresentation

If the U.S. government discover that he/she provided false information or misrepresenting facts on an immigration application or attempting to procure a visa or other immigration benefit through fraud, that can lead to denial of LPR status and potential bars to future applications. 

Previous Deportation

If the U.S. government discover that they have been deported from the U.S., they may face bars to returning, but it depends on the circumstances of the deportation.

Failure to Maintain Immigration Status

If the U.S. government discover that the individuals have certain violations of nonimmigrant status, such as unauthorized employment or failure to comply with visa conditions, that can also create bars to adjustment of status. Moreover, other grounds of inadmissibility, such as being a public charge, having certain health-related issues, or being involved in human trafficking, can also prevent the individuals from becoming a lawful permanent resident.