Challenging an Alexandria Inadmissibility Ruling

When applying for legal status in the United States, there is always the chance that you may be ruled inadmissible. While inadmissibility rulings can be discouraging, you do have options. Challenging an Alexandria inadmissibility ruling can be difficult, but a capable and compassionate waivers of inadmissibility lawyer could help. Contact a lawyer today, and know that you are in capable hands.

Health-Related Grounds of Inadmissibility

There are four health-related grounds of inadmissibility:

  • Communicable disease of public health significance
  • Those seeking admission as permanent residents who were not vaccinated against certain diseases
  • Individuals with physical or mental disorders with associated behavior that poses a threat to the property, safety or welfare of that person or others
  • Drug abusers and addicts

In the same manner that those have been denied for criminal-related grounds, those denied for health-related reasons will benefit in having the experience of an attorney in obtaining the necessary evidence to overcome the denial with the waiver.

Options for Fighting Health-Based Rejections

If an individual has been rejected on health-related grounds, there are options for challenging an Alexandria inadmissibility ruling. There are different waivers that an individual can file. For example, communicable disease denials can be waived by demonstrating a relationship with a spouse, son, daughter, or a parent who is a U.S. citizen, permanent resident, or a person issued an immigrant visa, submitting a favorable review by the CDC, and submitting evidence that, in the interest of discretion, they should be granted the waiver.

Waiver for Vaccination Requirements

If someone is trying to waive the vaccination requirement, they must show that the applicant for admission was not vaccinated for a particular reason. The waiver must also show whether the person is willing to get vaccinated in the future before entry. If the person is not willing, the waiver must show whether the reason for not being vaccinated is based on religious grounds, and if it is based on religious grounds, there must be documentation that shows evidence that the objection on religious grounds is genuine.

Waiver For Physical or Mental Disorders and Drug Abuse

If it is a waiver for the physical or mental disorder inadmissibility grounds, it can be waived by a favorable review by the CDC and submitting evidence that, in the interest of discretion, they should be granted the waiver. There is no waiver for a definite status and immigrant visa for applicants who are found inadmissible because of drug abuse or drug addiction.

However, challenging an Alexandria inadmissibility ruling is possible, if the drug abuse or addiction is found to be in remission. After being found inadmissible due to drug abuse or a drug addiction, an applicant may undergo reexamination and, at a later date, submit evidence that they are now in remission. Additionally, a waiver for non-immigrants is available for drug abuse or addiction under Immigration and Naturalization Act (“INA”) Section 212(h)(3).

Waivers For Those Who Have Claimed U.S. Citizenship

There is no waiver for falsely claiming citizenship. However, there are defenses to finding the inadmissibility in the first place, such as determining when the false claim was made. Or examining whether each natural parent is or was a citizen, and the applicant permanently resided in the United States before turning 16 and reasonably believed that they were a citizen. An attorney could also look at whether there was a timely retraction before the misrepresentation was exposed, and if the false claim was unintentional.

Inadmissibility Based on Security Flags

There is no waiver if someone is rejected based on national security concerns. However, 212(a)(3) permits a waiver for applicants who are found to be inadmissible because of membership in a communist or totalitarian party. Only parents, spouses, sons or daughters of U.S. citizens or lawful permanent residents and brothers or sisters of US citizens are eligible for this waiver.

What Grounds Are Difficult to Challenge?

Challenging an Alexandria inadmissibility ruling is most difficult for grounds that do not have waivers, such as:

  • Plans to commit espionage or sabotage
  • Committing or planning to commit any unlawful activity
  • Planning to overthrow the government by force
  • Foreign policy grounds
  • Membership in a Nazi party
  • Participating in genocide

However, the grounds of inadmissibility for which there are waivers can become difficult if there are serious criminal convictions, such as controlled substance violations, because those are only waivable if the crime involved 30 grams or less of marijuana.

Additionally, the waivers that require showing of extreme hardship tend to be challenging, because a person must demonstrate extreme hardship to a qualifying relative, not just hardship generally. The extreme hardship standard can be met by demonstrating many aspects of the applicant’s spouse or parent’s life, such as health, finances, education, personal considerations, and other special factors.

Process of Challenging an Inadmissibility Ruling

Once an applicant for an immigrant or non-immigrant visa has been found inadmissible, they must apply for a waiver if it is available. If seeking an immigrant visa, the waiver process begins by filing Form I-601 with the supporting evidence or, if presenting the waiver for a non-immigrant visa, then filing the necessary evidence to overcome inadmissibility at the time of consular interview. If an individual wants to begin the process of challenging an Alexandria inadmissibility ruling, they should consult a waivers of inadmissibility attorney that could help.