The USCIS can place an “inadmissible” designation on an individual for a host of reasons, stemming from violations deemed dangerous, risky, or unlawful. Under U.S. immigration law, an inadmissible non-citizen cannot travel to the U.S. under any circumstance, whether it be for business, vacation, or visitation. However, there are some reasons for inadmissibility, such as unlawful presence, criminal activity, health-related issues, prostitution and smuggling that can be waived. For this to occur, an individual deemed inadmissible must obtain a non-immigrant waiver that allows them to enter the U.S.
Reasons For Inadmissibility
There are many different reasons for inadmissibility, but four are more determining factors such as:
- Health: communicable diseases, lack of required immunizations, dangerous physical or mental disorders, drug addictions, etc.
- Criminal: crimes that violate the principles of morality, justice and honesty, drug related crimes in the U.S. or other nations, multiple criminal convictions resulting in five or more years of incarceration, prostitution, drug trafficking, sex crimes, money laundering
- Fraud/Misrepresentation: falsifying/misrepresenting information to obtain a visa or committing fraud while in the visa application process
- Unlawful presence: illegal entrance in the U.S., claiming false U.S. citizenship, entering the country as a stowaway, the smuggling/abuse of a student visa
If any of these reasons for inadmissibility apply to your current situation or if you are unsure as to whether or not one or multiple of these listed reasons do, it is important to speak with a licensed immigration attorney. They may suggest that you seek to obtain one of the many options of immigration waivers available for your specific case.
Types of Immigration Waivers
There are many immigration waivers that are available for issue to the individual who may find themselves in one of the various situations that classifies them as inadmissible. These waivers will allow the individual to avoid the penalties that are associated with their violation as being inadmissible and thus not permitted to legally be in the U.S. However, there is not one all-encompassing waiver that will take care of each and every type of inadmissibility situation. Every case is unique, and the circumstances surrounding your specific case will determine which type of immigration waiver best applies to your situation. Some common immigration waivers include:
- I-601 Hardship Waiver
- I-601A Provisional Waiver
Consult With An Immigration Attorney
If you are labeled as inadmissible, it could destroy your chances of ever visiting or residing in the United States. It also could squash the plans of your family and children to obtain a visa also. If you would like more information on immigration waivers or how they could play a role in your unique case, contact Johnson & Masumi by phone or online today. We are experienced in guiding individuals who wish to obtain an immigration waiver throughout the entire process.