With the many reasons for inadmissibility in Oak Brook, it is always a good idea to have a lawyer on your side to help you gather your paperwork, contact appropriate representatives and file in a timely manner. Even if you face a status denial, a seasoned inadmissibility lawyer could help you appeal an inadmissible ruling. Reach out to work with a lawyer today.
Reasons Immigrants Are Found Inadmissible for Receiving Legal Status
Inadmissibility applies to both those seeking permanent residency and anyone who is seeking to enter into the United States.
There is a list of reasons that an immigrant might be found inadmissible for receiving legal status to the United States. They are all listed in Section 212(a) of the Immigration and Nationality Act. Some examples of inadmissibility include criminal convictions, arrests, immigration frauds, and previous immigration violations.
If people are rejected for past violations, an immigration lawyer could help them evaluate whether it was a correct assertion as to why they were found inadmissible. They may be able to work with them on contacting the officer or taking up the rank of command on that particular issue. An immigration attorney could also help them plan on how to file for a waiver of that ground of inadmissibility or if they need to file for an appeal of that decision.
Crimes that Could Lead to Inadmissibility
Types of crimes for criminal grounds include crimes involving moral turpitude. That includes a myriad of different crimes as an immigration attorney could help them to identify. Other crimes include controlled substance violations, prostitution, money laundering, and then having committed two or more offenses of any kind or if confinement was an aggregate of five years or more.
If a person was rejected on criminal grounds, an immigration attorney could help him or her evaluate whether the criminal statute for which he or she is convicted or what he or she is being accused of to make sure that it actually matches up with what the federal law states. An attorney can help people request a motion to reconsider or motion to re-open the case. They can also help them file for the assets or if they apply for particular grounds of a waiver of inadmissibility.
Rejections Based on Health Reasons
The Immigration and Nationality Act lists out certain conditions in which someone could be rejected for health reasons, so they are listed generally in class A and Class B conditions. Class A are the types of communicable diseases that are of public health significance. There is a failure to present documentation about having received vaccinations for such disease and includes present or past physical or mental disorders, drug abuse, or addiction. Class B conditions can be defined as physical or mental health conditions include diseases or disabilities that are permanent in nature.
Fighting Rejections on the Grounds of Health
To fight that type of dismissal or rejection, people are able to file a waiver under 212(G)(1) of the Immigration and Nationality Act. In that case, the government could waive inadmissibility. The alien is the spouse or, if he or she is unmarried, son or daughter or minor, unmarried child of the U.S. citizen of a legal permanent resident or a person who has issued an immigrant visa. It also includes the alien if he or she has a son or daughter who was a U.S. citizen, a green card holder or a person who had been issued that immigrant visa. That includes VAWA self-petitioner as well.
What Happens If Someone Has Falsely Claimed Citizenship?
A person who has claimed U.S. citizenship is deemed inadmissible if that person knowingly falsely represented that they were a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act or any purpose or benefit under the federal law or state law. That includes anyone that has registered to vote. It also includes any statements of U.S. citizenship on I-9 forms. The important thing is that it must be for a purpose or benefits, so that is where an immigration attorney helps people identify whether this is a proper ground of inadmissibility because there is no waiver available.
The Most Challenging Reasons for Inadmissibility
Some of the more difficult grounds to overcome for admissibility ruling are the false claims citizenships and controlled substance violations where the substance was not marijuana.
Security Based Denials
People could be rejected based on security flags. The government is allowed to find them inadmissible if they have a reasonable ground to believe that they are seeking to enter to engage in espionage or sabotage or they are a security risk.
Process for Challenging an Inadmissible Ruling
If a person is found inadmissible, the officer must specify why he or she is inadmissible. In addition, that officer must let the person know if he or she may file an appeal a motion to reopen or a motion to reconsider.
A person has one chance to appeal and it must be done within that timeframe indicated in the officer’s denial.
Speak to a Lawyer Who Could Help Fight an Inadmissible Status
Trying to immigrate to the United States is certainly not an easy task with today’s political climate. That said, it is still doable with the right paperwork and documents. Despite this fact, many people are deemed inadmissible to the country for a number of reasons. Inadmissibility in Oak Brook is understandably crushing for people who have traveled far. Do not let this status defeat your efforts of becoming a citizen. Choose to work with a lawyer who could help you. Call the office today to get started.