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
Know the agencies that handle immigration applications. Key bodies include the U.S. State Department, 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 your entry, green card, or other visa applications, leading to refusal at the U.S. border or deportation proceedings. Even if you’re already in the U.S., you can still face removal.
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.
Immediate Consequences of a DUI Conviction
Visa Revocation:
A DUI conviction can lead to the immediate revocation of an existing visa. This is particularly true if the offense involves aggravating factors, such as a high blood alcohol content (BAC) or causing an accident. The U.S. Department of State has adopted a policy of automatic visa revocation for individuals charged with DUIs, which may occur even before a conviction.
Deportation Risks:
Non-citizens may face deportation proceedings following a DUI conviction, especially if it is classified as a crime involving moral turpitude or if there are multiple offenses. Certain DUI-related charges can also be grounds for inadmissibility, which may prevent reentry into the U.S..
Increased Scrutiny in Future Applications:
A DUI conviction can complicate future visa applications, as it may be viewed as evidence of poor moral character—a critical factor in determining visa eligibility. Applicants with DUI convictions often face heightened scrutiny and may need to undergo mandatory medical examinations to assess any potential substance abuse issues.
Long-Term Implications
- Impact on Visa Renewals and Extensions: A DUI can hinder the ability to renew or extend visas, affecting both short-term and long-term residency plans.
- Naturalization Challenges: For those seeking U.S. citizenship, a DUI conviction can adversely affect the moral character assessment required for naturalization.
- Family Members: If a primary visa holder faces revocation due to a DUI, their family members’ visas may also be at risk since they are often tied to the primary holder’s status
Duration of a DUI Record
Permanent Record:
In general, a DUI conviction remains on an individual’s criminal record indefinitely. Unlike some jurisdictions where certain offences can be expunged after a specific period, in the context of U.S. immigration, a DUI conviction is typically not removed from the record, even if it is expunged in the country where it occurred.
Impact on Visa Applications:
Although the conviction itself stays on record, its influence on visa applications may diminish over time. However, any recent or multiple DUIs can still lead to increased scrutiny during visa applications or renewals, as they may indicate potential substance abuse issues
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Green Card or B-1/B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
