The majority of people who have been approved for a visa to live or work in the United States remain in good standing for the duration of their stay and have no issues moving into and out of the US. In some situations, however, a foreign national may receive an “inadmissible” designation from USCIS for any of a number of reasons; this status prevents the non-citizen from traveling to the US, whether for visitation, business, or vacation. Depending upon the reason for inadmissibility, an applicant may obtain waivers to excuse the reason for inadmissibility and allow them to return to the United States.
Reasons For Inadmissibility
A non-citizen may encounter numerous reasons for inadmissibility, but they fall into four broad categories: health, fraud, unlawful presence, and criminal behavior. Health-based inadmissible conditions include, among many others, issues like having a communicable disease or dangerous physical or psychological disorder, lacking required immunizations, or demonstrating a drug addiction.
Fraud can stop non-citizens from entering the United States as well, even if the fraud was unintentional. Falsifying information on government forms (intentionally or by accident) during the process of obtaining a visa can result in a designation of inadmissibility from USCIS.
Unlawful presence means that a non-citizen is in the United States outside the conditions of a visa. This may occur if the person abuses a student visa, comes in as a stowaway or otherwise enters illegally, or claims to have US citizenship when he or she does not.
Criminal reasons for inadmissibility include, unsurprisingly, crimes that violate the law. Anything from drug-related crimes to money laundering is included in the net of “criminal inadmissibility.” Crimes do not necessarily have to be committed within the US in order to leave a negative mark on the foreign national’s chances of admissibility; this is especially true of multiple convictions that resulted in five or more years of incarceration.
Acquiring A Waiver
In some situations, a non-citizen who has been found inadmissible may apply for a waiver in order to enter the United States. Waivers are unique to each individual and come in a variety of types, so it is important to speak with an experienced immigration attorney. I-601 Waivers are often called Hardship Waivers, and they rely on the non-citizen being able to demonstrate hardship that failing to be admitted to the United States would cause; the non-citizen may also prove that their unique situation does not qualify as inadmissible to the USCIS.
Similarly, I-601A Provisional Waivers must demonstrate that failure to be admitted to the United States will cause undue hardship on a parent or spouse. This waiver works only for those who believe they are inadmissible due to a period of unlawful presence.
Reach Out To An Immigration Law Firm
Understanding which waiver you may qualify for can be a challenge, and each person’s situation is unique when it comes to proving admissibility to USCIS. Reach out to speak with The Law Offices of Kermit A. Monge about your situation so that you can work toward obtaining a waiver to allow you to enter the United States by calling 703.273.5500 or requesting a consultation online.