This is an article to understand the third and final trump card: Inadmissibility for U.S. Visa Holders, a complex part of a complex law system. In this detailed guide, you will learn when visa and green card holders can be denied to enter the US, and how to avoid traps that can get you denied at the port of entry.
Understanding Inadmissibility for U.S. Visa Holders
To protect the American nation and its people, specific guidelines and measures define who can apply for a visa (or green card) or enter the US. The Immigration and Nationality Act (I.N.A.) lists the ‘grounds of inadmissibility’ in Section 212. These grounds include criminal convictions, contagious diseases, and other factors that might negatively impact public safety or national security.
Who Is and Isn’t Subject to the Grounds of Inadmissibility for U.S. Visa Holders
All applicants for admission to US soil undergo examination for all grounds of inadmissibility. However, this requirement can vary. For example, applicants applying for asylum, refugees, or those under the VAWA act are not barred from admission due to certain grounds of inadmissibility because of their specific status.
Moreover, the rules of admissibility do not apply only to would-be first-time entrants into the US: The law deems them to be, in effect, arriving from a foreign land and asking for permission to enter this one.
Preventing and Addressing Inadmissibility for U.S. Visa Holders
When you find out that you are inadmissible, this could be quite frustrating, however, this does not mean that you cannot pursue the immigration process. There are measures to prevent inadmissibility, and if one finds themselves in this situation, there are measures to follow to overcome this.
Applying for U.S. Citizenship
It is advisable not to become inadmissible particularly if one has a green card and one of the most efficient ways of avoiding this is to apply for U.S citizenship as soon as one qualifies for it. It is to be noted that US citizens are not barred by the same grounds that apply to the visa and green card holders.
Consequences of Inadmissibility for U.S. Visa Holders
The agencies involved in the consideration of applications for immigration services are important to know. Other governmental bodies that have a right to determine inadmissibility include the U. S. State Department, the Department of Homeland Security (DHS), Customs and Border Protection (CBP), and U. S. Citizenship and Immigration Services (USCIS). If you are inadmissible, these agencies may deny you entry, your green card application, or any other application about your visa. If this happens you may be refused entry at the US border or be referred to the immigration court to face deportation. It does not matter if you are already in the United States you can still face removal proceedings.
The Permanence of Inadmissibility
However, one particular aspect that stands out with inadmissibility is the fact that it has no specific time limit or time bar. Consequently, this does not automatically reduce with time, even if the period of inadmissibility has elapsed since the action that led to it. As a result, this implies that even trivial problems, such as the submission of incorrect information in the visa application or the commitment of petty and non-previously repeated offenses, may still lead to inadmissibility.
Overcoming Inadmissibility
Fortunately, this scenario does not have to be a permanent fix, and being inadmissible does not automatically rule out the possibility of coming to the United States. Several avenues exist to address this challenge:
Medical Resolution: If your inadmissibility stems from a disease, you can probably claim that the ailment can be cured or that the diagnosis was wrong.
Government Error: If you believe there was an error in your case, you can seek to rectify it through proper legal channels.
Waivers: In some cases, you can apply for a waiver, which involves requesting that U.S. immigration authorities overlook the grounds of inadmissibility based on specific circumstances.
Inadmissibility is a complex issue with profound implications for individuals seeking entry to the United States. While it presents challenges, it is not an insurmountable barrier. By understanding the grounds of inadmissibility and the available remedies, individuals can navigate this intricate aspect of immigration law.
