Fairfax Waivers of Inadmissibility Lawyer
The process of challenging an inadmissibility ruling depends on where the inadmissibility has been alleged. If an individual has arrived in the United States illegally, they are placed into removal proceedings. At that point, they are deemed to be an applicant for admission.
To determine the specifics associated with your case, it is crucial that you contact a Fairfax waivers of inadmissibility lawyer to ensure that your immigration proceedings are handled as effectively as possible.
Determining Inadmissibility
If a person is subject to the grounds of inadmissibility under INA Section 212, then the prosecuting attorney in front of the immigration court will be charging them on the grounds of inadmissibility. If a person has an argument, for example, that they have committed a crime that is not considered a crime of moral turpitude, they can refute the charge or request an individual hearing in front of the immigration judge to adjudicate that ground of inadmissibility.
That is the common place it is adjudicated, and another very common place is at the consular level when a person is applying abroad into the United States. In those cases, the determination of inadmissibility is more difficult to refute because it is not a formal appeals process.
If a person does have an argument that the determination was made incorrectly, then they can resubmit their application for entry and along with the information that they are not inadmissible. This can be done using the assistance of a Fairfax waiver of inadmissibility attorney.
Appealing the Case
The ability to appeal the case depends on where a person is applying. Another way they can challenge an inadmissibility ruling is if they are applying affirmatively for some status in the United States like a green card, and are not in removal proceedings. In those cases, USCIS can make the determination of a ground of inadmissibility.
If a person is in the United States, USCIS or an immigration court determines that a person is inadmissible. There is an appeals process whereby they can appeal it. They can appeal a decision from the USCIS, the Board or Immigration Appeals, or the Circuit Court on an inadmissibility ruling by an immigration judge.
However, if a person is abroad, it is difficult to do it without resubmitting the application. Due to the complexity of such an application, it is crucial that a waiver of inadmissibility lawyer in Fairfax is contacted early on to begin building a case.
Eligibility of Admission
The grounds of inadmissibility apply to anyone who is determined to be seeking admission to the United States. It applies to people who are seeking adjustment status from within the United States, and it applies to anyone who is applying to enter the United States from abroad.
A recent change of law is that people who are green card holders who commit a crime during the time they have been present in the United States in lawful permanent resident status and then travel abroad can also be deemed to be applying for admission when they attempt to reenter the country. At this point, they can be subject to the grounds of inadmissibility even though they are already green card holders. They will need to argue that they are not admissible at that point or apply for a waiver with the help of a Fairfax waivers of inadmissibility lawyer.
It is crucial to hire a waiver of admissibility attorney in Fairfax who has done a number of waivers for different grounds, and has successfully submitted them at the consular level in a number of immigration courts around the country.
Green Card Holder vs. Permanent Resident
A green card holder is a legal permanent resident. If someone has a green card, they are a legal permanent resident but permanent only as long as they do not do anything to violate their status. A person can live in the United States their entire life and never apply for citizenship.
Yet, legal permanent residents can be deported or denied admission. A person’s status can be stripped until they are a citizen. If a legal permanent resident commits a crime, their status can be stripped. Therefore, permanent does not always mean permanent.
Abandoning Residency
An individual who has been out of the United States for six months or more is not necessarily abandoning their residency. There is not a rule that the person has abandoned their residency, rather, it is the totality of the circumstances. If a person has been absent for longer than six months, they need to prove that their residency has actually been maintained in the United States. This element can be proven with the help of a Fairfax waivers of inadmissibility lawyer.
When a person applies for citizenship and has been absent for extended periods of time and the USCIS determines that they have abandoned the residency, they can terminate the green card at that point.
Thus, it is a gray area. if a person is a green card holder planning on being absent from the country for extended periods of time, in excess of six months, then they should consult a Fairfax waivers of inadmissibility attorney.