Reasons for Inadmissibility in Fairfax

A person can be issued an inadmissible ruling for a number of reasons in Fairfax. They could be inadmissible due to prior a criminal record, if their crimes are found under INA Section 212. An individual may also be found inadmissible because they are deemed to be a public charge under economic grounds of admissibility. This is applicable, for example, for people who are applying for status for a relative but does not have sufficient income to support the impending immigrant.

For some offenses, there are waivers from grounds of criminal inadmissibility if an immigrant is rejected on criminal grounds. In these cases, an experienced waivers of inadmissibility attorney can evaluate whether someone would qualify for a waiver, prepare the waiver application, and submit all the supporting documentation to waive those grounds.

Medical Inadmissibility

There are a number of reasons an individual could be found inadmissible to the United States. In general, the grounds of inadmissibility are enumerated under the Immigration and Nationality Act (INA). Some examples of reasons an individual might be found unable to be admitted to the United States include health-related grounds. These sections include diseases that make someone ineligible for admission, such as, in some cases, gonorrhea, leprosy, syphilis, tuberculosis. HIV was to be on the list, but it was removed by executive order.

There are a variety of options in these cases, for example, a person can seek treatment for the medical condition and then submit medical documentation showing they no longer suffer from it. In some cases in which a person has a chronic disease or something untreatable, then a waiver could be granted if they prove the condition will not pose a risk to the community.

A subsection of the INA found in 212(a)(6) declares inadmissible people who have comes to the country without admission or inspection of parole, or who have failed to attend removal proceedings. Also inadmissible in Fairfax are individuals who have committed fraud or misrepresentation to an immigrations officer. This provision essentially applies to alien smugglers.

Criminal Inadmissibility

A person can be found criminally inadmissible to the United States in the case of acts which constitute a crime of moral turpitude or an offense relating to a controlled substance. Crimes of moral turpitude are generally very broadly defined. It is not explicitly defined under the INA, but the general and accepted definition is a crime that is inherently biased, vile or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.

In some cases, a person may be able to get a waiver for a controlled substance violation if (and only if) the substance was 30 grams or less of marijuana and did not involve trafficking. If an individual has one crime involving moral turpitude, that can be waived under certain circumstances. Another waiver is available if an individual has two or more criminal convictions with an aggregate sentence of at least five years, whether or not their crimes are of moral turpitude. A waiver is also available if someone has admitted to conduct that would constitute a crime of moral turpitude or one of the waivable grounds of inadmissibility, even if they have not been convicted.

Claimed Citizenship

A claim to US citizenship is extremely, extremely difficult to overcome. In some cases, if a person has not been convicted of misrepresentation, there is maybe an argument that it was not willful or knowing and that the grounds of inadmissibility should not apply to them, but in many cases, there is no direct waiver available for that.

Role of an Attorney

The first thing a Fairfax immigration attorney can do for an immigrant who is rejected for violations is to evaluate which grounds of inadmissibility actually apply to a person. In some cases, if they are deemed inadmissible for certain reason by USCIS or by the consular official adjudicating their case abroad, sometimes there is a valid argument that they are admissible.

This is especially true for criminal issues. Determining whether someone is criminally inadmissible based on the statutes that they have been convicted under is a complex analysis. Sometimes, the first step is actually refuting the determination of inadmissibility. In other cases, a Fairfax waiver of inadmissibility attorney can identify all of the reasons that a person may be eligible for a waiver of inadmissibility.