Is an admission bar preventing you from entering the United States? Do you have a condition, characteristic or personal history that the United States government has decided is undesirable and or would threaten the health and safety of those living in the United States? For instance, are you infected with tuberculosis, have previously committed a violent crime, afflicted with a physical or mental disorder, participated in a terrorist or subversive activity, are likely to need welfare or other public assistance, i.e. become a “public charge” and or cause harm to United States citizens and residents? The United States government keeps a list of what makes a person inadmissible. See I.N.A. § 212, 8 U.S.C. §1182. If any apply to you, you are “inadmissible,” implying you will not be allowed any type of visa or green card besides under certain circumstances. If you have already entered, you will not be allowed to receive a green card. Falling into an inadmissibility category does not imply that you are absolutely barred from getting a green card or entering the United States. Some though not all grounds of inadmissibility may be legally excused or in Attorney speak, waived. However, applying for a waiver is complicated, and you should consult us if you think that you will need one.
FAQS
The primary grounds of inadmissibility are:
- Previous immigration violations including a prior deportation or removal orders
- Criminal activity including certain criminal convictions, or if one has committed crimes of moral turpitude, drug trafficking, human trafficking, etc.
- Misrepresentation or fraud such as lying on a visa application
- National security and terrorism-related grounds including associating with terrorist organizations.
- Health-related grounds including communicable diseases, lack of vaccinations, drug abuse.
- Public charge, i.e. the likelihood of becoming dependent on government assistance.
- Unlawful presence such as illegal entry and or overstaying a visa.
- False claims of U.S. citizenship
Yes, certain grounds of inadmissibility can be waived through specific applications. For example:
- Waivers for unlawful presence: One can apply for a waiver of certain inadmissibility grounds, such as unlawful presence or criminal convictions.
- Waivers for health-related grounds: One can apply for waivers related to health concerns if it can be shown that denial of the application would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
- Waivers for criminal grounds: In some cases, applicants who have minor criminal convictions may be eligible for waivers under specific circumstances.
If an applicant is found to be inadmissible, their application for a green card, i.e. permanent residency or visa can be denied. The specific consequences depend on the ground of inadmissibility. For instance, if someone is found to have committed fraud or misrepresentation in a previous application, their green card or visa application may be automatically denied. If someone is inadmissible due to unlawful presence, they may be subject to a bar that prevents them from re-entering the U.S. for several years, 3 years, 10 years, or permanently, depending on the situation.
Having a U.S. citizen or lawful permanent resident, LPR family member can sometimes help an applicant overcome certain grounds of inadmissibility. For instance a waiver for unlawful presence or criminal issues may be possible if the applicant can demonstrate that refusal to admit them would cause “extreme hardship” to a U.S. citizen or LPR spouse or parent. In some cases, a family-based petition can support the applicant’s request for a waiver, although it is not a guarantee.
An individual who has been deported may face a bar from re-entering the U.S. for several years or even permanently, depending on the circumstances of the deportation. For instance if someone overstays a visa for more than 180 days but less than one year, they may face a 3-year ban from re-entering the U.S. If someone overstays for more than one year or has been deported, they may face a 10-year bar. In some cases, it is possible to apply for a waiver of these bars depending on the situation.
Contact us if you fall under one of the grounds of inadmissibility and are unsure if you are eligible for a waiver.