Visa Inadmissibility FAQs

If you have been found inadmissible for an immigration visa, the following is information you should know about waivers and other ways to make your case admissible. To discuss your case in greater detail contact a DC immigration lawyer today.

What Can An Immigration Attorney Do To Help if Someone is Rejected for Past Violations?

Many of the grounds of inadmissibility can be overcome with waivers if you qualify, but there are differences in the waivers that are available for each ground of inadmissibility. An immigration attorney can evaluate what all of your grounds of inadmissibility are and then determine whether or not a waiver is available or necessary. They can also determine whether or not you have other options for applying for immigration status in which the grounds of inadmissibility may not apply.

What Types of Crimes Apply in Rejections Based on Criminal Grounds?

The most important types of crimes that make you inadmissible are crimes of moral turpitude. Unfortunately, there is no clear definition of what a crime of moral turpitude is. That is a big body of law and it is based a lot on case law, so you have to be very careful that you show your immigration attorney the actual statute that you were convicted under. It is very important that they know about the sentencing, including the maximum possible sentence and the sentence that was actually imposed. That way they can evaluate whether or not your crimes qualify as crimes of moral turpitude and whether or not you may be eligible for a waiver.

If Someone is Rejected on Criminal Grounds, How Can An Immigration Attorney Help?

An immigration attorney can definitely evaluate whether you are eligible for a waiver. In many of these cases, you also need to prove that there will be extreme suffering on the part of your qualifying relatives in the United States, meaning the people that are applying for you to get immigration status. You need to prove that they are going to suffer extreme and unusual hardship if your application is not approved. It is a very case-specific and detailed type of application and a big body of evidence is required to prove suffering. An immigration attorney can help guide you in collecting the body of evidence that will be necessary for a waiver and also determine whether a waiver will even be possible in your case.

What Can Someone Do If They Are Rejected For Health Reasons?

There are different kinds of vaccinations that you can get if you are inadmissible based on certain health reasons. You should receive a waiver because your disease is under control and it’s not going to pose a significant health risk. One other issue that comes up quite a lot is that the government will try to charge you with inadmissibility based on a physical or mental disorder if you have ever been convicted of DUI. They might say that the mental grounds of inadmissibility are that you’re an alcoholic. In those cases, you can consult a civil surgeon or a doctor in your home country that is approved by USCIS to produce a medical evaluation to determine that you’re not actually an alcoholic nor do you endanger the community based on your alcoholism. Once you obtain that letter, you can overcome that type of inadmissibility.

What Happens If You’ve Claimed US Citizenship or You Were Rejected Based on Security Flags?

There is actually no waiver for falsely claiming your citizenship. In some cases, there may be a big argument that you actually did not claim to be a U.S. citizen. For example, if you presented a document that implied that you were a U.S. citizen but you never made a statement, there may be some case-specific arguments that you can make to claim that you should not be subject to that ground. If you are subject to that ground, it’s incredibly difficult to overcome it. It has one of the most serious immigration consequences of any other grounds of inadmissibility. The same goes for a security flag. The government has a huge amount of discretion to reject people based on being a risk to national security and there is no direct waiver if they go with the U.S. security flag.

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