Waivers of Inadmissibility
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Every applicant for admission at a U.S. Port of Entry, whether it is for a non-immigrant visa (e.g., H-1B, L-1, O-1, B-2, etc.) or an immigrant visa, must demonstrate that he is admissible to the United States in the category for which application is made.
Current immigration laws allow for the exclusion and removal of certain inadmissible individuals via different administrative mechanisms such as expedited removal or formal removal proceedings before an Immigration Judge.
Who is Inadmissible? The Grounds of Exclusion for Entry in the US
An applicant may be deemed ‘inadmissible to United States’ if he falls into one (or more) recognized categories of inadmissibility (formerly known as grounds for exclusion).
The U.S. INS may deny admission to the United States forever, unless a waiver of inadmissibility exists, for any of the following reasons:
- Health Related Grounds: These include people with communicable diseases, lack of vaccinations, physical/mental disorder, drug abusers etc.
- Economic Grounds: People with public charges or skilled/unskilled laborers, medical graduates who have not passed NBME examination, uncertified foreign health care workers, citizens who have renounced citizenship for tax purposes may be denied entry.
- Criminal Grounds: Individuals who have committed crimes of moral turpitude, drug offenses, two or more offenses, prostitution, diplomats involved in criminal activity
- Moral Grounds: Those involved in polygamy etc.
- Immigration Violations: This list includes individuals who have had prior deportations/exclusions/removals, unlawful presence in the United States followed by departure, unlawful presence/presence without admission or parole, failure to attend removal hearing, being a stowaway or alien smuggler, visa fraud, civil penalty holders for document fraud, student visa abusers etc.
- Misrepresentation or Documentary Grounds: Individuals with a history of fraud or willful misrepresentations, intending immigrant not in possession of a valid immigrant visa or entry document, nonimmigrant not in possession of valid entry document fall in this category.
- Miscellaneous Grounds: This list includes people ineligible for citizenship, draft evaders, individuals making false claims about U.S. citizenship, those involved in unlawful voting, international child abduction etc.
- Security and Related Grounds: Entry may also be denied on the grounds of espionage or sabotage, other unlawful activity (such as the opposition, control, or overthrow of the United States government by force, violence, or other unlawful means), terrorist activity, foreign policy grounds, membership in totalitarian party, Nazis, genocidials or similar conditions.
Exceptions or Waivers to Inadmissibility
For many of the grounds of inadmissibility, there exists a “waiver” or exception to admissibility.
An applicant must specifically request or apply for such a waiver. Although a specific waiver may exist, it is not automatically considered or granted. At the present time, some grounds of inadmissibility do not have a waiver, resulting in the permanent inadmissibility of an applicant to the United States. A legal attorney can advise you best whether you can apply for a waiver to inadmissibility or not,
Johnson & Nicholson offers a free 30-minute initial consultation during which you can discuss waivers directly with the attorney on a confidential basis. We will advise you about what needs to be done to achieve your objectives and guide you in the right direction. Aside from one-on-one meetings, we also provide consultations via telephone and Skype and/or Yahoo Messenger.