The idea of inadmissibility in the context of immigration law has clear echoes of the anti-tort jurisprudence. Are you a visa holder, a green card holder who has traveled abroad ever since and wishes to return to the US after some time, or are you any other person who wants to travel to the US for any reason? You should know about the contours of admissibility. In the following part of this article, the author is going to name the mentioned grounds of inadmissibility and group them. We will also see if there is any possibility of the applicant having a chance of getting a waiver. also, we are going to find out those that can be found to be falling under such grounds of inadmissibility, and the effects or measures that are taken against an applicant who is considered inadmissible.
Grounds of Inadmissibility:
By the stipulations of Section 212 of the Immigration and Nationality Act (I. it is a list of attributes (among others) that may lead to refusal to grant someone a visa, a green card, or enter the United States. In that regard, as a result of possessing those attributes, several individuals cannot be allowed entry into the United States, or issue any visa or green card, because such persons are categorized as constituting a menace to the US or Americans. The following is a list of some of the main categories:
Communicable Diseases of Public Health Significance
- Waiver Available? Yes
- Physical or Mental Disorders That Might Cause Harm
- Waiver Available? Yes
- Drug Abusers or Addicts
- Waiver Available? No
- Drug Traffickers
- Waiver Available? No
- Lack of Proper Vaccinations
- Waiver Available? Yes
- Convictions for Crimes Involving Moral Turpitude
- Waiver Available? Yes
- Violations of Immigration Laws
- Waiver Available? Yes
- Engagement in Prostitution
- Waiver Available? Yes
- Multiple Criminal Convictions
- Waiver Available? Yes
- Espionage
- Waiver Available? No
- Terrorism
- Waiver Available? No
- Affiliation with Nazi Regime
- Waiver Available? No
- The relative possibility of becoming a “public charge”
- Waiver Available? Yes
They also have numerous links to handy resources shedding more light on how particular immigration-related violations/criminal conduct can bring about inadmissibility.
Who Is Subject to the Grounds of Inadmissibility?
Those still considered ‘politically irrelevant,’ as it was discussed in Chapter 2, were either ineligible for admission to the United States or were excluded from the process that determined their admissibility. However, any applicant is not allowed to grounds of inadmissibility in equal measure. Special circumstances exist with specific grounds that some applicants are free from based on their situations. For instance, for applicants under VAWA (Violence Against Women Act) who aim to achieve a green card due to the cruelty by a spouse or parent from the United States then other grounds like public charge and unlawful entry do not apply. Likewise, Asylum-based and refugee applicants avail of certain excluded grounds.
Surprisingly, the admissibility is not limited to the applicants who apply for their first time only, but also those who apply for their subsequent stay as well. It also applies to people who are already in the U. S. and are in other categories of the immigration system hoping to obtain permanent residency status for example. Having a green card does not shield a person from admissibility questions. Actions like staying outside the U.S. for 180 days or more, leaving during removal proceedings, or having a criminal conviction will prompt such questions.
Consequences of Being Found Inadmissible
Sometimes, it is shocking to learn that you are inadmissible; this will significantly affect your immigration experience. There are several primary federal bodies involved in processing immigration-related applications and petitions some of which are the U. S. State Departments and Department of Homeland Security comprising of Customs and Border Protection and the U. S Citizenship and Immigration Services. They can use your inadmissibility to prevent you from being permitted entry into the United States, or preventing you from obtaining an adjustment of status or other green card applications as well as other visa and immigration status.
If you are within the U.S. when considered inadmissible there are ramifications including rejection on entry or being placed in removal proceedings in immigration court. If you are in the U. S. but ordered to be deported, you may simply be put through removal proceedings.
The Persistence of Inadmissibility
It is relevant to know that there is no time limit or a deadline to when one may be deemed inadmissible. Whether the given action occurred before or after the enactment of the law that defines your status as an inadmissible person, it remains an issue from which there is no escape. Thus, even substantially fewer problems such as mistakes in the paperwork supporting visas and occasional, single incidents that did not occur again are not self-eliminating. Luckily, there are ways of dealing with inadmissibility here they are.
Overcoming a Finding of Inadmissibility
Putting aside a finding of inadmissibility is by no means easy but it is not an impossible task either. Depending on your specific circumstances, there are several strategies to consider:
Medical Conditions: If your inadmissibility is associated with the medical condition, then you can think of such a treatment or get a correct diagnosis.
Government Errors: If this issue relates to an inadmissibility determination made by the U. S. government for a reason that there was an error in your case, there may be legal avenues to address the issue.
Waivers: But in some instances, you can write a waiver letter which is aimed at seeking a pardon for the inadmissibility matter. New Concept has suffered the slings and arrows of outrageous luck and the waivers are to be sought when no other legal option is imaginable.
In addition, This field is quite complex and if a foreigner is keen on facing the challenge of overcoming his/her inadmissibility, seeking advice from an immigration lawyer would be a wise move. They have the advantage of being able to offer one-on-one assistance based on your particular situation and perhaps guide you on what you need to do next.
Overall, any person who is interested in experiencing immigration either into or within the United States must develop a clear knowledge of inadmissibility. The grounds of inadmissibility are manifold, and if found applicable they have extensive implications. You can be informed in your respective country to try and find solutions that will ensure you have a successful immigration to your desired country.
