Under U.S. immigration law, an “inadmissible” designation means the individual in question cannot travel to the United States for any reason, not even for a short trip to conduct business or visit relatives. But did you know some grounds for inadmissibility, such as: unlawful presence, criminal activity, health-related concerns, prostitution, and smuggling could be potentially waived? This process involves obtaining a nonimmigrant waiver, which can be issued to allow visits by certain persons otherwise identified as “inadmissible.”
Grounds of Inadmissibility
U.S. immigration law lists numerous grounds for inadmissibility. A few of the major determining factors are:
- Health-related grounds: including (among other things) diagnoses of communicable diseases, failure to get required immunizations, dangerous physical or mental disorders and drug addictions.
- Criminal and related grounds: including, for example, crimes of moral turpitude (conduct that is considered contrary to community standards of justice, honesty or good morals), drug-related offenses in the United States or abroad, multiple criminal convictions resulting in five or more years’ incarceration, drug trafficking, prostitution, sex trafficking and money laundering.
- Misrepresentation or fraud: which includes falsifying/misrepresenting key information to get a visa and/or committing fraud while making a visa application.
- Unlawful presence (and related grounds): which includes (among other offenses) being in the United States illegally, falsely claiming U.S. citizenship, entering the country as a stowaway, smuggling and abuse of a student visa.
Do any of these inadmissibility grounds apply to you? Or, are you not sure if one or more of these grounds applies to you? In either of these cases, you should speak with a licensed immigration lawyer who may recommend that you pursue a specific type of immigration waiver.
Different Types of Immigration Waivers
It is important to know that for many of the circumstances listed above, there are immigration waivers which exist that can allow an individual to avoid the penalties that accompany being classified as “inadmissable.” Every case is different and the unique circumstances of your case will dictate which type of immigration waiver best applies to you. Some of the primary forms of immigration waivers include:
- I-601 Hardship Waiver
- I-601A Provisional Waiver
- Criminal Conviction Waiver
- Misrepresentation or Fraud Waiver
- Unlawful Presence Waiver
Always Work With an Immigration Lawyer
Being classified as inadmissible can hinder the well-being of your loved ones and your future plans. If you are interested in learning more about immigration waivers, or would like to discuss your case, call KPPB Law or contact us online today. We provide service for all types of immigration waivers and are prepared to help you through the entire process.