If you are looking to obtain a visa to enter the country—or if you are applying for an adjustment to your U.S. immigration status—it is not guaranteed that you will be successful. Unfortunately, in some cases, you may be considered inadmissible under U.S. law.
This is because there are a number of criteria that the government uses to determine who is inadmissible, meaning they will often consider any prior criminal convictions a person has, or consider whether you may overstay your visa. Furthermore, inadmissibility may be used against people who are already in the country, putting them at risk of deportation and a loss of their immigration status.
If your application has been denied, a well-versed immigration lawyer with experience handling inadmissibility and immigration status in Oak Brook may be able to help. A practiced immigration status attorney could work to protect your ability to stay in the country.
Why Are People Labeled Inadmissible?
There are a number of reasons that authorities might cite as to why a person is inadmissible or removable from the United States. These are outlined in the Immigration and Nationality Act, which include:
- Having certain kinds of medical conditions—including tuberculosis and leprosy, or a lack of vaccinations
- Political affiliations with a group that immigration officials label as terrorist
- Convictions for “crimes of moral turpitude“—including drug or sex offenses
- Prior deportations from the United States
- A presumed inability to support themselves—thus making a person a potential reliance on government benefits
- An entry into the country without a valid visa or remaining without permission
These or other reasons may be utilized by the government when denying a person’s entrance into the country, or when modifying a citizen’s legal status. Because of this, it is essential for you to understand the nuances of your immigration status.
How Can Someone Seek a Waiver to Challenge Inadmissibility in Oak Brook?
In many cases, a person may apply for a waiver that challenges the finding of inadmissibility. However, certain circumstances—such as convictions for felony offenses—are often difficult to overcome. Furthermore, the security grounds for inadmissibility can be particularly challenging. In other cases, however, the possibility of a waiver is written into the law itself. For example, children under the age of ten may be able to receive an automatic exemption from vaccination requirements.
Furthermore, a provisional unlawful presence waiver might be obtained for certain people who are immediate family members of a U.S. citizen—if they can show that extreme hardship would result from their deportation. This waiver can be applied for while a person is within the United States and may allow them to travel to their home countries to finalize a visa application. However, this type of waiver is not available to people with a pending adjustment of status or removal proceedings.
Applying for Deportation Relief
In some instances, there are no clear grounds on which to apply for a waiver. In these situations, a person can try to seek relief from deportation, depending on their circumstances. For example, those who face a well-founded fear of persecution in their home countries based on their race, religion, political affiliation, or membership in a social group—among other criteria—can try to apply for asylum even after they have been found inadmissible.
Beyond this, there might be specific laws that relate to a person’s country of origin and provide more expansive grounds on which to challenge an attempt to deny immigration. For example, certain people from Central America may be eligible for relief under the Nicaraguan Adjustment and Central American Relief Act. However, an experienced lawyer could advise a person on which criteria must be met in order to qualify.
Seeking Legal Help for Inadmissibility and Immigration Status in Oak Brook
Immigration status issues can be confusing and complicated for people who want to live or work in Oak Brook. They can also be stressful for both families and an applicant’s economic future—especially when the reasons for seeking some form of asylum are compelling or urgent.
If you have been labeled inadmissible, it may be wise to meet with an immigration attorney in Oak Brook as soon as possible. There are strict deadlines associated with appealing these types of decisions, and an experienced lawyer could work to help you comply with them and seek a favorable result. Contact us today to learn more about inadmissibility and immigration status in Oak Brook and how an attorney could help you.