Determining Immigration Status in Arlington

It is no secret – becoming an official citizen of the United States is a long, difficult, and emotionally exhausting process. The process is even more difficult for individuals who are uncertain of their immigration status or who wish to change their immigration status at some point.

If you currently fall into one of the two previously mentioned classes of individuals, you may want to consider reaching out to an immigration lawyer in Arlington County. If you have been deemed inadmissible by the U.S. government, you may be feeling angry and confused. If this has happened to you, consider all of your legal options with the help of an established immigration attorney right away. A lawyer could help with determining immigration status in Arlington.

Changing Immigration Status

When determining immigration status in Arlington, it is important for applicants to know that the Immigration and Nationality Act outlines the legal framework for inadmissibility in Section 212(a). In this section, it places all individuals into one of two distinct categories:

  • Non-citizens outside the United States applying for admission
  • Non-citizens residing in the United States who wish to change their immigration status in some way

If a person is admitted into the United States for employment reasons under a nonimmigrant, they could elect to change their status to that of a permanent resident. Since they are already inside the country, they would fall into the second category according to the Immigration and Nationality Act.

There are many ways for non-citizens to become inadmissible. If a non-citizen is charged with or convicted of a crime, it could impact their application for permanent residency or citizenship in a negative manner. Even if the alleged crime is relatively minor (from a legal perspective), the U.S. government may still elect to deny permanent residency or citizenship.

Other Ways to Lose Admissibility

As mentioned above, there are many ways to lose admissibility. In addition to the aforementioned, it is possible to lose admissibility for the following reasons:

  • Health-related issues (having a communicable medical condition or disease that poses a public health threat)
  • Being convicted of two or more offenses
  • Human trafficking or prostitution-related offenses
  • Failing to appear in court
  • Risk of becoming a public charge (inability to support oneself financially)

Non-citizens will automatically lose their admissibility if they fail to attend their removal proceedings. It is also possible for a person to lose admissibility if the government believes they may have provided false information during the visa application process or committed fraud to enter the United States.

Mistakes can happen when determining immigration status in Arlington. If a person is accused of committing visa fraud, they should contact an immigration lawyer in Arlington County.

Waivers of Inadmissibility

It is possible for non-citizens to fight back against their inadmissibility status. The United States Citizenship and Immigration Services (USCIS) gives non-citizens who are not eligible for admission the option to file a waiver of inadmissibility in certain circumstances.

These waivers often consist of several pages and the type of waiver a person must submit will depend on the reason for their inadmissibility. In most cases, once a waiver is received and reviewed, the filer will receive a decision from USCIS or a determination from an immigration judge if in removal proceedings.

During a removal hearing, the waiver applicant will be allowed to submit evidence supporting their claim, and if the judge rules in their favor, will be deemed admissible.

Calling an Immigration Lawyer in Arlington County

As mentioned above, there are ways to change your citizenship or admissibility status in the US. Unfortunately, the USCIS does not make this an easy task, and more than likely, you will need help from someone who understands the laws determining immigration status in Arlington and is willing to assist you during this difficult time. Call an immigration lawyer in Arlington County to learn more.