U.S. laws specify a number of factors that can cause prospective immigrants to be classified as “inadmissible” and unable to legally enter or remain in the country. In many cases, it is possible to seek a waiver of inadmissibility. These standards can be challenging to interpret, so there is a great deal of confusion about inadmissibility and immigration status in Bolingbrook. A knowledgeable immigration lawyer could provide guidance about how the standards apply in a particular situation and whether a waiver is possible.
Understanding the Terms
When a person is considered “inadmissible,” the term is based on the definition in the Immigration and Naturalization Act, in a section codified at 8 U.S.C. §1182. Someone who is inadmissible is not eligible to receive a temporary or permanent visa or to enter the U.S.
Individuals already in the U.S. who are classified as inadmissible run the risk of being deported. Laws and courts refer to someone’s “admissibility” as if they were outside the U.S. even when they are present in the country. If there is any question or doubt as to whether a person is admissible, it is essential that they speak with a compassionate lawyer right away because the consequences can be severe.
There are four main categories of immigration status for people in Bolingbrook. The first of these is citizenship. U.S. citizens who were born in the U.S. or obtained citizenship through the naturalization process do not need to worry about inadmissibility, although they may face removal if the government determines that they obtained citizenship through fraudulent means.
The second type of immigration status consists of immigrants with permanent visas who are either considered lawful permanent residents or conditional residents. In the process of gaining a permanent visa, these immigrants must demonstrate that they are not inadmissible. However, conditional and permanent residents may still face deportation if they take certain actions or new information comes to light.
Questions connected with inadmissibility and immigration status have the most bearing for individuals in the third and fourth categories of immigration status. These are non-immigrants admitted lawfully on temporary visas (or other permission) and individuals considered undocumented because they entered or remained in the U.S. in violation of immigration laws.
Grounds for Inadmissibility
Regardless of whether an individual seeks to enter the country for a temporary or permanent stay, they must demonstrate that they are admissible. Someone may be denied entry as inadmissible for a variety of reasons. However, individuals with any type of immigration status may request a waiver of inadmissibility in Bolingbrook in most cases.
Some of the common justifications for declaring someone inadmissible include:
- Prior violations of U.S. immigration laws
- Conviction for a crime involving moral turpitude
- Potential to become reliant on need-based government assistance
- Lack of proper vaccinations
- Communicable disease
- Drug crimes or drug use
- Terrorism or espionage
Individuals connected with drug trafficking and abuse are not eligible to obtain a waiver. Similarly, people who have been deemed terrorists, spies, and war criminals are also ineligible for a waiver of inadmissibility.
More Information About Inadmissibility and Immigration Status in Bolingbrook
Immigrants and prospective immigrants found to be inadmissible may be denied entrance or removed from the U.S. However, the legal process offers options for relief, such as a waiver of inadmissibility.
It is important for anyone seeking a waiver to follow proper procedures and clearly demonstrate the reasons why a waiver is appropriate under the circumstances. Assistance from an experienced immigration lawyer can prove highly beneficial during the process.
The connection between inadmissibility and immigration status in Bolingbrook can be complex. While inadmissibility can prevent people from obtaining a visa and the desired status, waivers and other forms of relief can allow them to achieve their objectives. Call now to learn more about the legal implications of your situation.