Why Would I Be Deemed Inadmissible?
If you’re seeking permanent residency in the United States, you might fear the court will deem you inadmissible, and you wouldn’t be allowed to remain in the country.
The United States Citizen and Immigration Services rejects or denies thousands of I-485 applications. Checking to make sure you’re not at risk of being deemed inadmissible before submitting your application can help. An experienced immigration attorney can guide you through this process.
The Immigration and Nationality Act of 1952 explains why immigrants would be forbidden from entering the country or forced to leave. Of the more than 160,000 applications filed yearly to become permanent residents, nearly 13,000 get rejected, and the agency denies another 13,000.
What Would Qualify Me As An Inadmissible Immigrant?
Inadmissibility is when the court denies you entry or the ability to stay in the United States.
Some common reasons you’d be considered inadmissible include:
- Health
- Past criminal activity
- National security reasons
- Lack of labor certification
- Fraud
- Prior removals from the country
- Possession of controlled substances
- Money laundering
- Terrorist activities
The Immigration and Nationality Act expands the reasons at length.
If I’m Deemed Inadmissible, Do I Have To Leave The Country?
Depending on why you were classified as inadmissible, you may be able to apply for a waiver of inadmissibility.
In some cases, exceptions are written into the law, and no waiver is required to overcome the inadmissibility because the inadmissibility does not apply if the individual meets the exception.
Examples include exceptions for aliens who have been battered, abused, or subjected to extreme cruelty, who are victims of severe forms of trafficking, and who are minors.
For example, you can apply for a waiver regarding health reasons if you failed to submit proof of vaccination, a physical or mental disorder, or a contagious disease.
You can apply for a waiver if it’s a crime of moral turpitude, a controlled substance violation, and a few other instances of criminal activity.
A few other scenarios exist that allow you to apply for a waiver, but your best chance to successfully be granted admission into the US, or be allowed to stay, is to enlist an experienced immigration attorney to aid you.
What Should I Do If I’m Facing Immigration Problems?
If you’re at risk of being deported or fearing that you may be deemed inadmissible, contact Fay, Grafton, & Nunez. We offer a $200 flat-fee immigration consultation to all prospective clients. We will be honest with you about your chances and think creatively about how to best present your case to help you remain in the United States.
