What is Inadmissibility?

Protect Your Ability To Enter Or Remain In The United States

What is inadmissibility? Not every country is allowing every person to enter their homeland. Protecting, upholding peace, and maintaining a safe place for their citizens is every country’s top priority. Even though a person may be able to obtain status in the United States due to certain circumstances, the government frequently declares them to be “ineligible” or “inadmissible.”

To lawfully become a citizen, you must obtain a waiver of inadmissibility. However, doing so without the aid of an immigration lawyer could be challenging. Thankfully, Gateway Immigration Law Firm are well aware of how to help you or anyone who has inadmissibility issues with their visa or permanent residency application. 

Reach out to our reliable immigration attorneys for a consultation and to know more about your best course of action. 

Why Do I Need An Immigration Lawyer In St Charles, Missouri?

Inadmissibility concerns are another level of complicated regulations and rules. Having an immigration lawyer in St Charles, Missouri will help you understand if you are eligible to get a waiver of inadmissibility and guide you through your entire journey.

Gateway Immigration Law Firm can help you with your inadmissibility visa issues and cases. Here’s how

  1. We have the necessary experience and knowledge to help you understand the grounds of inadmissibility and the available options to overcome them. We can also help you understand the legal process and the requirements for filing applications.
  2. We can represent you in court or before an immigration officer, and argue on your behalf to overcome your inadmissibility issues.
  3. We can assess your situation and suggest possible options to overcome your inadmissibility, such as applying for a waiver, a visa, or permanent residency through alternative means.
  4. We can assist you in filing all the necessary applications for a waiver, visa, or permanent residency, and ensure that they are filed correctly.
  5. We can help you minimize the risk of denial and increase your chances of success.
  6. If your application for a waiver or visa is denied, our immigration lawyer can help you appeal the decision.

You don’t have to deal with it on your own, reach out to our reliable and knowledgeable immigration lawyers for you to know more about US inadmissibility laws and procedures.

What Are The Major Grounds For Inadmissibility?

When a foreign national applies for a temporary (nonimmigrant) visa, permanent residency (a green card), or any immigration benefit, several grounds of inadmissibility may be used against them. It’s a significant problem for many immigrants who are turned down for visas or green cards while meeting all other requirements because they are deemed unfit for entry for reasons linked to their health, finances, security, criminal history, or other factors.

Here are the major grounds for inadmissibility in the USA:

Health Issues

  • Individuals with a significant communicable disease for public health
  • People applying for immigration status who have not received the essential immunizations against diseases that can be prevented by vaccination
  • People who currently or in the past have a physical or mental disorder that is related to harmful behavior or is a propensity to recur with harmful behavior a threat to someone or something is considered to be a harmful activity
  • Those who abuse or are addicted to drugs

Criminal Reasons 

  • Crimes characterized by “moral turpitude”
  • Any illegal use of a restricted drug
  • Numerous convictions for crimes
  • Drug trafficking
  • Prostitution
  • Commercialized vices
  • Commission of a serious crime in the United States where a person has asserted immunity from prosecution
  • Religious freedom violations
  • Human Trafficking
  • Money Laundering

National Security Reasons

  • Any noncitizen whom a Department of State consular officer, Department of Homeland Security (DHS) immigration officer, or Department of Justice (DOJ) immigration judge knows or has reason to believe wants to enter the country to commit espionage or sabotage, attempt to overthrow the government of the United States, or engage in any illegal activity is prohibited from entering the country
  • Any noncitizen who a Department of State consular officer, DHS immigration officer, or DOJ immigration judge knows has engaged in terrorist activity or has any association with terrorist groups, governments, or individuals—or whom the officer, officer, or judge has reasonable cause to believe does—is inadmissible
  • Any individual who poses a threat to foreign policy or has membership in a totalitarian party, as determined by a Department of State consular official, a DHS immigration officer, or a DOJ immigration judge, may be barred from entry
  • Anyone who took part in the persecution or genocide committed by the Nazis is ineligible

Likelihood of Becoming a Public Charge

  • A person who relies on the government for their daily needs is considered a public charge

A person’s likelihood of becoming a public charge is calculated by looking at several criteria like health, family situation, age, assets, employment history, and education. A person is not acceptable as a public charge if the officer determines, after taking into account all of the facts, that they are likely to start depending on the government for support in the main.

Lack of Labor Certification

  • The pay and working conditions of similarly employed Americans will not be negatively impacted by the person’s employment
  • There are not enough willing, capable, and available American labor to carry out the same work

Fraud or Misrepresentation

If you are found to have committed fraud or misrepresentation by submitting false documents during the visa application process. For example, if you lie about your education, work experience, or criminal history on your visa application, it can result in a finding of fraud or misrepresentation.

Prior Removals And/Or Unlawful Presence

  • Those who are prohibited from returning to the United States because they stayed there for more than 180 days in a single visit before leaving
  • Those who are prohibited from returning to the United States because they either left the country voluntarily while a final order of removal was still pending or they were removed (or excluded or deported) from the country
  • Persons who entered the country illegally for a total of one year (whether accrued during a single stay or several stays) AND then entered the country illegally (without being examined and admitted or examined and paroled)

Other Grounds

  • Unlawful immigrants who entered the nation (without being inspected and admitted or paroled)
  • Individuals who skipped immigration and/or removal hearings
  • Smugglers
  • Student visa abusers
  • Former citizens of the US who gave up their citizenship to avoid paying taxes
  • Polygamists
  • Illegal electors
  • International child snatchers and their relatives

Protection is always the priority of humankind. Maintaining peace and safety is always the first thing that any country will do for its nation, most especially in the United States of America. So, finding out that you are under any category of inadmissibility to have a visa in the United States will be a complicated process. 

Let Gateway Immigration Law Firm make it possible for you. We have trusted and knowledgeable lawyers who can guide you with your application for waiver of inadmissibility.

If You Are Under The Grounds Of Inadmissibility, Are You Eligible To Apply For A Waiver Of Inadmissibility?

When you realize that you are under the Inadmissible category to have a visa or enter the United States, it doesn’t necessarily mean you are no longer allowed to have a visa or go into the US. A way to be allowed to get into the United States is to apply for a Waiver of Inadmissibility. 

The following are allowed to apply for a Waiver of Inadmissibility:

  • Those who have important communicable diseases for public health, including tuberculosis
  • Those who may damage or harm themselves or others due to physical or mental issues
  • People who lack proper vaccines
  • People who have been convicted of or acknowledged to committing crimes of moral turpitude
  • Individuals who have broken the immigration laws
  • Prostitutes
  • Individuals with a history of criminal convictions
  • Individuals who are susceptible to becoming “public charges,” who are dependent on need-based government support

The process of securing a visa in the United States is already complicated, what more if you realized that you are tagged as inadmissible? It is best not to take chances by doing the process on your own. Seek the assistance of our immigration attorney right away! 

How To Apply Waiver Of Inadmissibility?

Waiver of Inadmissibility in the US is also known as Form I-601. The purpose of this form is to request a waiver of certain grounds of inadmissibility for an alien who is not eligible to be admitted as an immigrant or to change status in the United States, as well as some nonimmigrant applicants, must submit this form.

Here is the process to apply for a Waiver of Inadmissibility:

  • Find out whether you are not permitted to enter the US. It is determined by the United States Homeland Security Department. 
  • Find an eligible relative who is a citizen or authorized permanent resident of the United States. A person must have a qualified relative who is an American citizen or has legal permanent status.
  • Seek legal advice from our immigration lawyer at Gateway Immigration Law Firm to help you with your application
  • Submit the I-130 form petition for an immigrant visa with U.S. Citizenship and Immigration Services. The relationship between the applicant and the qualified relative will be verified using this form
  • Depending on the cause for inadmissibility, submit Form I-601 or Form I-601A.
    • Form I-601 – utilized to determine inadmissibility due to fraud, criminal offenses, or other grounds
    • Form I-601A – also known as the provisional waiver, is used for inadmissibility based on unlawful presence in the United States (only available to family relatives of U.S. citizens).
  • Present supporting documentation for the waiver request. This could include proof of the applicant’s relationship with the qualified relative, evidence of any hardships the relative would experience if the applicant is denied a waiver, and any other pertinent data.
  • Wait until there is a decision, the waiver application decision is decided at the time of the consulate interview for immigrant visas, which can take many months to complete.
  • Once granted, attend a consular interview to apply for an immigrant visa after continuing with consular processing. The applicant may be subjected to removal proceedings if the waiver is rejected.

Please note that there is still no guarantee of approval even applying for a Waiver of Inadmissibility. Just like any application, it can be granted or denied. But lessen the probability of being denied by seeking assistance from our immigration law firm. Contact us at Gateway Immigration Law Firm today. 

Call Our Immigration Lawyers In St Charles, MO Now!

Inadmissibility issues can be complex and daunting to navigate. It is best not to analyze your inadmissibility situation only based on what’s on the list. Moreso, do not process your immigration case on your own.

It will be crucial for you to speak with our immigration attorney before moving forward with your inadmissibility case. Gateway Immigration Law Firm has the resources to overcome your inadmissibility and help you minimize the risk of denial. Whether you are facing inadmissibility due to lack of labor certification, fraud or misrepresentation, or any other grounds, an immigration attorney can provide you with the guidance and support you need to achieve your immigration goals.

Reach out to our immigration law firm to help you with your journey and increase the probability of achieving a successful outcome.

Let our immigration attorneys help you!

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