Understanding inadmissibility in immigration law is crucial, whether you’re a visa holder, a green card holder returning to the U.S., or someone looking to travel to the U.S. for any reason. It’s important to know the factors that can affect your admissibility. In the following sections, we’ll outline the different grounds for inadmissibility and categorize them. We’ll also explore whether applicants have a chance of obtaining a waiver and discuss the consequences for those deemed 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 labeled as “politically irrelevant,” as mentioned in Chapter 2, were either not eligible to enter the United States or excluded from the admissibility process. However, not all applicants are treated the same regarding grounds for inadmissibility. Certain special circumstances apply that allow some applicants to bypass specific grounds based on their situations. For example, applicants under the Violence Against Women Act (VAWA) seeking a green card due to abuse by a U.S. spouse or parent are not subject to grounds like public charge or unlawful entry. Similarly, asylum seekers and refugees also have certain exemptions from these 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. Several primary federal bodies process immigration-related applications and petitions, including the U.S. State Department and the Department of Homeland Security, which consists of Customs and Border Protection and U.S. Citizenship and Immigration Services. These agencies can use your inadmissibility to deny you entry into the United States or to block your adjustment of status, green card applications, and other visa requests.
If you are in the U.S. and considered inadmissible, you may face consequences such as denial of entry or placement in removal proceedings in immigration court. If you are already in the U.S. and have received a deportation order, you will likely go 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.
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 B-1/B-2 Visitor Visa or F-1 Student 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, coordinating 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 do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
