Examining the Issue of Inadmissibility
Individuals who are looking for lawful methods of entering or remaining in the United States or, are dealing with others who are considering their immigration options have probably heard of the term “grounds of inadmissibility.” Essentially, inadmissibility is a concept in federal immigration law that prevents foreign nationals from entering the United States lawfully to the United States if they fit certain criteria.
What are the Grounds of Inadmissibility?
Foreign nationals may be barred from entering the United States for different reasons under the rules of inadmissibility. Those in the country who are considered inadmissible and who travel to their home countries will experience difficulties when they try to re-enter. These individuals may either be denied entry outright or find themselves in an immigration court proceeding. In some cases, the rules of inadmissibility can also be applied to anyone seeking permanent residency. These cases may involve changes in the processing of the residency request.
The Surprise of Inadmissibility
The legal aspects of inadmissibility are not understood by everyone. Unfortunately, many of those who come to the United States can be surprised when their immigration application is denied or when they are unable to return lawfully due to a reason involving the grounds of inadmissibility.
The Different Reasons for Inadmissibility
There are a number of grounds by which individuals may be denied entry into the United States. The major reasons are as follows:
- Health: These grounds include, but are not limited to, the presence of certain communicable diseases. Additionally, those lacking the required vaccinations or individuals with drug addictions or psychological disorders that could make them dangerous to others could be denied entry.
- Criminal Activity: Inadmissibility extends to those with multiple criminal convictions that have resulted in at least five years of confinement, to money laundering and to drug-related offenses prosecuted here or abroad, including drug trafficking. Additionally, those involved in severe violations of religious freedom and in crimes of “moral turpitude,” including prostitution and the trafficking of sex workers, will be denied entry.
- Security Issues: These include, but may not be limited to, actions defined as terrorist activity or crimes against the United States. Individuals included as a “priority threat” would most likely have security issues
- Legal Status: This pertains to the illegal presence of individuals in this country, including stowaways and anyone smuggled across its border, and to those who have falsely claimed American citizenship or have in some way misrepresented the facts in order to obtain a visa. The abuse of a student visa would also be grounds for inadmissibilty.
It is important to remember that this list does not include every type of situation and that consulting with a legal professional can help you understand these concepts more clearly.
Immigration Waivers and Inadmissibility
In certain cases, individuals who may not otherwise be allowed lawful entry may be able to apply for what is known as an immigration waiver, which could allow them to enter, exit and even re-enter the country with impunity. However, each type of waiver has different criteria. For more information about the different types of waivers and their benefits, please review our informational section:
Help With Immigration Waivers and Inadmissibility
Although immigration waivers may override the rules of inadmissibility, they are not accepted in every case. Some individuals, even those who have lived here for many years, may not qualify for waivers. For more about waivers or inadmissibility issues, or to see if this waiver is a good option for you, please contact Pride Immigration Law Firm PLLC online or by phone today.
Beeraj Patel, Esq.
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