Inadmissibility Grounds and How to Overcome Them
Whether starting or continuing your immigration journey, it is important to be aware of
what can make someone inadmissible. Many applicants may be surprised to learn that
certain past actions or health conditions can prevent approval. Luckily, even if found inadmissible, it is not the end. There are a multitude of options that can be explored with the attorney. Being aware of one’s inadmissibility makes it so that the different options
to overcome these challenges are explored from the beginning.
What Does Inadmissibility Mean?
Under the U.S. Immigration and Nationality Act, a person is considered inadmissible if
they are ineligible to enter or remain in the United States. This applies to those seeking visas and adjustments of status. If found inadmissible, one’s application can be denied.
Common Inadmissibility Grounds:
Some of the most common inadmissibility grounds that are commonly dealt with are:
Accrued Unlawful Presence
- If someone remains in the United States beyond their authorized stay or enters without inspection, they begin to acquire unlawful presence.
- This can result in a 3-year or 10-year bar, which is triggered upon leaving the U.S.
Certain Criminal Convictions
- Having a criminal history can affect someone’s eligibility for immigration. Even seemingly minor charges can affect immigration cases, which is why it is important to review any criminal records.
- Important things to note in a criminal history are –
- Crimes committed with malicious intent or recklessness
- Crimes relating to controlled substances or the trafficking of controlled substances
- Multiple criminal convictions
Fraud or Misrepresentation
- Providing any form of false information or documents to get immigration benefits can result in inadmissibility, including falsely claiming citizenship. This applies to any interactions at the border, on visa applications, or during interviews.
Health-Related Grounds
- Health issues can be easily overlooked and cause issues of inadmissibility.
- There are certain health conditions that may affect one’s eligibility, such as
- Certain communicable diseases
- Failure to receive required vaccinations
- Drug abuse or addiction
- Any health concerns can be addressed during the required immigration medical examination, but it is still important to be aware of any concerns you may have.
Overcoming Inadmissibility
Although there are many grounds for inadmissibility, there are also waivers and exceptions that can be explored. Approval based on waivers typically depends on
- A qualifying relationship with a U.S. citizen or lawful permanent resident
- Extreme hardship to a qualifying relative
- Evidence of remorse and rehabilitation
- VAWA eligibility
Each waiver has its own individual requirements that must be met before filing for
approval, but they provide options that may not have been available otherwise.
Seeking Legal Guidance
At Casas Immigration, we make sure to provide an in-depth consultation, which includes addressing any potential inadmissibility grounds. You can trust that we will take careful consideration of your circumstances and explore every possible avenue. With
our years of experience, we know how difficult navigating this process can be on your
own, especially when unforeseen circumstances arise. This is why we are here to help you along every moment of the process.
This blog is for informational purposes only and does not constitute legal advice. Each
case is unique and should be evaluated by a licensed immigration attorney.
Need assistance? Contact an immigration attorney to help guide you through the process!
Call us today to schedule a consultation — don’t wait. The sooner we act, the stronger your case can be. (312) 971-7221
Need assistance? Contact an immigration attorney to help guide you through the process!
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