If you apply for a U.S. nonimmigrant visa or green card, remember the doctrine of ‘inadmissibility.’ Being deemed inadmissible can result in a visa or green card denial. This guide covers crimes and security violations that could block your application, but always consult an immigration attorney for professional advice tailored to your case.
Introduction to Inadmissibility
Generally, not everyone can apply for immigration benefits, and this is what is referred to as inadmissibility. It is conducted by Section 212 (a) of the Immigration and Nationality Act (I. Based on any of the following: 8 C. F. R. § 212.5 (effective December 5, 2003, or N. A. ) or 8 U. S. C. § 1182(a). These grounds of inadmissibility include crime, communications diseases, immigration violations committed before entry to the United States, and anticipated use of public funds.
Crimes and Security Violations
Different grounds may lead to such an applicant’s inadmissibility, but crimes and security violations are special attention for applicants who have or wish to have a visa or green card, for example.
Crimes vs. Deportability
To define, it is important to distinguish between criminal acts that impact visa and criminal acts that lead to deportation. While they share some common elements, each of them refers to quite different tasks within the United States immigration law. This means if a person commits an offense which is a crime involving imminent danger, physical force, or threat to human life, he will not be allowed entry into the United States and if he is present in the country, he will be deported.
Crimes Leading to Inadmissibility
Now that we understand what causes inadmissibility on visa and green card applications, let’s examine crimes and activities that lead to this status. Convictions automatically make a person inadmissible, though admissions can also be sufficient.
1. Crimes Involving Moral Turpitude
Authorities can exclude an alien convicted of a crime involving moral turpitude, not purely political. This also applies to attempts or conspiracies to commit such crimes, though exceptions are more common for young offenders and those with short sentences.
2. Controlled Substance Violations
Inadmissibility for the violation of a controlled substance law or the admission to a commission of one can arise from acceptance of an application under the U. S or the laws of any foreign country. This includes a conspiracy to commit such offenses.
3. Multiple Crimes
Getting more than one criminal conviction other than a purely political offense that has given you a prison term of at least five years in total makes you inadmissible. It is sufficient that such convictions developed from different trials or schemes of misconduct.
4. Controlled Substance Trafficking
Criminality includes engaging in controlled substance trafficking and knowingly providing aid and support for illicit drug trafficking/trafficking/conspiring/colluding in it can result in inadmissibility. This also applies to the spouse, son, or daughter of an inadmissible applicant if they benefitted from the proceeds.
5. Involvement in Prostitution
Prostitution for making plans or a previous record of working as a prostitute in the last ten years makes one an inadmissible applicant.
6. Human Trafficking
Criminal activity related to human trafficking, such as facing charges for human trafficking offenses, conspiring to commit such offenses, or associating with traffickers, disqualifies an applicant. This primarily affects family members who benefit from these unlawful activities.
7. Aggravated Felonies
If one is convicted of an aggravated felony within the United States and has the intention to return to the country after removal, it attracts inadmissibility for not less than twenty years.
8. Money Laundering
When someone is convicted of an aggravated felony in the U.S. and intends to return after removal, the law imposes inadmissibility for at least twenty years.
Security Violations Leading to Inadmissibility
However, security violations are some of the most significant factors in inadmissibility determining factors together with crimes. Here are some security-related grounds for inadmissibility:
1. Espionage and Sabotage
People to move to the U. S with the intent of spying, causing damage, or performing any unlawful act against the United States with intent to either control or overthrow the U. S government will be barred from entry into the country.
2. Terrorism
If an applicant has been engaged in any terrorist activities, supporting terrorism, encouraging people to commit terrorist activities, or supporting terrorist groups or organizations, he or she becomes inadmissible.
3. Foreign Policy Concerns
If an applicant misleads the consular officer during their entry, the U.S. might bar their entry to avoid negatively impacting foreign policy.
4. Membership in Totalitarian Parties
Association with, or support of, the Communist or any other totalitarians whether of this country or other countries may bar one from entrance into the United States. There is generally an exception if there are circumstances that require it.
5. Nazi Persecution
If a person participated in persecution, regardless of race, religion, national origin, or political opinion, under the direction of the Nazi German government during that period, authorities consider that individual inadmissible.
Evaluating Inadmissibility
It is essential to recognize the fact that immigration cases are different and the concept of U.S visa inadmissibility has more to it than just these traits. If you have any doubts about your immigration status or if you need to apply for a waiver, it is always recommended that you seek advice from an immigration lawyer.
To avoid inadmissibility issues when seeking a U.S. visa or green card, understand its features and forms. Immigration laws govern this area, so consult a professional to ensure you handle everything correctly.
How can I apply for a waiver if I am deemed inadmissible
If you are deemed inadmissible to the United States, you may apply for a waiver using Form I-601 or Form I-601A, depending on your circumstances. Here’s a detailed guide on how to apply for a waiver if you find yourself in this situation.
Types of Waivers
Form I-601:
- This form is used to apply for a waiver of grounds of inadmissibility for individuals who are outside the U.S. and have been found inadmissible during an immigrant visa interview or adjustment of status application.
- It can be used for various grounds of inadmissibility, including criminal history, health-related issues, and misrepresentation.
Form I-601A:
- This is a provisional waiver specifically for individuals who are physically present in the U.S. and need to waive unlawful presence before departing for their immigrant visa interview.
- It is limited to immediate relatives of U.S. citizens (spouses, children under 21, and parents) and requires evidence of extreme hardship to the qualifying relative.
How to Apply for a Waiver
Determine Eligibility
For Form I-601:
- You must have been found inadmissible during an immigrant visa interview at a U.S. consulate or during an adjustment of status application.
- You should check the specific grounds of inadmissibility that can be waived based on your visa category.
For Form I-601A:
- You must be physically present in the U.S.
- You must have an approved Form I-130 (Petition for Alien Relative) or Form I-360 (for certain special immigrants).
- You must demonstrate that your admission denial would cause extreme hardship to your U.S. citizen spouse or parent.
Gather Required Documentation
You will need to compile various documents to support your waiver application:
- Personal Information: Name, biographical information, and contact details.
- Immigration History: Details about previous entries into the U.S., any immigration violations, and prior applications.
- Supporting Evidence: Documents proving your relationship to qualifying relatives, financial stability, and evidence supporting claims of extreme hardship (e.g., medical records, financial statements).
- Affidavits: Personal statements from you and others detailing the impact of your inadmissibility on your family.
Complete the Application Form
Form I-601:
- Fill out the form accurately, following the instructions provided by USCIS.
- Include all required information about your inadmissibility grounds and supporting evidence.
Form I-601A:
Complete this form if applying from within the U.S. Ensure you meet all eligibility requirements outlined in the instructions.
Submit Your Application
- Filing Fee: The fee for Form I-601 is currently $1,050. For Form I-601A, there may be additional fees associated with biometrics.
- Submit your completed form along with all supporting documentation either by mail or online (if applicable).
Await Processing
- Processing times can vary significantly; Form I-601 processing may take between 31.5 to 34 months, while Form I-601A may be processed more quickly.
- Be prepared for possible Requests for Evidence (RFEs) if additional information is needed.
Attend Biometrics Appointment (if required)
If you are applying using Form I-601A, you may need to attend a biometrics appointment where fingerprints and photographs will be taken.
Receive Decision
After processing, you will receive a decision on your waiver application:
- If approved, you can proceed with consular processing for your immigrant visa or adjustment of status.
- If denied, you may have options to appeal or file a motion to reopen or reconsider (using Form I-290B).
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 an F-1 Student Visa or B-1/B-2 Visitor 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 in the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
