Individuals with infectious medical conditions, association with terrorist activities, a criminal record, or a history of drug abuse could have difficulty assuming permanent residency or U.S. citizenship. People with certain questionable behaviors will also not access the U.S., a green card, or a visa unless they receive special permission. Certain conducts are termed as ‘’Grounds of Inadmissibility ‘’under the immigration statute in California. However, even if you are inadmissible into the United States, you can apply for a waiver by the U.S. government. The waiver overlooks or forgives the inadmissibility penalty in your case. Unfortunately, it is not easy to receive a waiver because, in many cases, you need to prove extreme hardship to a United States family member if your application did not go through.
Inadmissibility Defined
The concept of ''inadmissibility'' to the U.S. is defined by The Federal Immigration and Nationality Act (I.N.A.) section 212. Under this statute, ''inadmissibility'' means that you do not qualify for any benefits that the U.S. immigration authorities grant.
Who Is Subject To Inadmissibility Checks
Any person seeking a U.S. admission must undergo a check to determine if he/she is inadmissible. Fortunately, not every person who applies is subject to every ground of inadmissibility checks. For example, those seeking a green card based on a record of abuse by a U.S. parent or spouse (VAWA) are not subject to inadmissibility checks like public charge and illegal entry. RIn addition, refugees and asylum-based applications are also not subject to these grounds of inadmissibility checks.
The word ‘’admissibility’’ does not only apply to people out of the U.S. who seek to enter the U.S. for purposes of immigration. It also applies to individuals already living in the U.S. and seeking a different status like permanent residency. Even though these people are already inside the United States, the law treats them as if they are outside the U.S. Similarly. You do not have to be a newcomer seeking your first entry into the U.S. to undergo an inadmissibility check. Even a person who already possesses a green card will undergo an inadmissibility check if he/she spends 180 consecutive days or more outside the U.S. A person who has a green card will also undergo an inadmissibility check if he/she committed a crime or left during removal proceedings. The United States Border officials will check their records to determine whether they have become inadmissible.
If you hold a U.S. green card, you can avoid these inconveniences by ensuring that you apply for U.S. citizenship when you are eligible.
Permanent Inadmissibility To Immigration For Some Repeat Violators
The Nationality Act (I.N.A.) and the U.S. immigration have several grounds for'' inadmissibility'' including one known as the ''permanent bar''. These grounds of inadmissibility are restrictions to access the U.S. based on conditions like:
- Health issues
- Immigration violations
- A likelihood of requiring need-based government assistance
- Criminal and security violations
If you are inadmissible into the U.S., your temporary visa or green card request will be rejected. Section 212 (a) (9) (c) (i) of the I.N.A defines ‘’permanent inadmissibility’’, which makes inadmissible any U.S non-citizen who has the following reputation:
- Has been ordered removed according to section 235(b)(1), section 240, or any other provision of the immigration statute
- One who attempts to re-enter or enters the United States without being admitted
- Has been illegally present in the United States for more than one year
Immigration law sections 235(b)(1) and section 240 resulted from legislative changes adopted in 1996, known as the Illegal Immigration Reform Act (IIRIRA). For instance, you can cross Mexico and enter the U.S. unlawfully for one year, then go back to Mexico for some time, and then attempt to return to the U.S. for the second time. Whether you fail or succeed in your second trial, you could be inadmissible under section 235(b)(1) and section 240 of the immigration statute. Similarly, if you were removed from the U.S., you attempt to enter without following the proper admission procedure, and you will be subject to permanent inadmissibility.
Permanent Inadmissibility Defined
In California, most grounds of inadmissibility can automatically expire or be waived after a set time. Unfortunately, permanent inadmissibility is difficult but not impossible to get around. Under the immigration statute in California, if you are subject to permanent inadmissibility, you can seek permission to enter the U.S. after ten years of waiting.
The California authority interprets the ten years as being outside the United States. However, after ten years, you cannot just go on and make a green card or visa application through the usual methods. You must first obtain U.S. government approval. You must use the ''Permission to Reapply for Admission'' or I-212 Form to request your green card application approval. The U.S. Citizenship and Immigration Services (USCIS) is responsible for issuing the form.
In case you need a nonimmigrant visa, you will be required to seek an exercise of discretion. The good news is that you can receive a waiver of the permanent inadmissibility available to VAWA self-petitioners. However, this can only happen if you prove the connection between your battery or subjection to extreme cruelty and your removal from the U.S.
If You Are Inadmissible Into The U.S
Anytime you seek permission to access or stay in the United States, various agencies handling your immigration-related applications could decide that you are inadmissible. The agencies include The Department of Homeland Security (D.H.S.) and The U.S. State Department. The D.H.S.'s sub-agencies Customs, Border Protection, and U.S. Citizenship and Immigration Services could also term you as inadmissible. Any time you attempt to cross the border, seek a green card, or apply for any immigration status or other type of visa, the agencies can use your inadmissibility to block you. If this happens when you are at the U.S. border, you can be sent to immigration court for removal from the United States or turned around and sent home. You could also be put into removal proceedings if you are in the United States.
Other Common Grounds Of Inadmissibility
The following are additional grounds for immigration inadmissibility:
- You could be inadmissible if you are not adequately vaccinated
- If you are likely to become ''public charges'' dependent on need-based government assistance, you could also be inadmissible
- you could be inadmissible if you violate immigration laws
- Multiple criminal convictions
- Prostitution
- Convictions for crimes involving moral turpitude
- Mental or physical disorders that could cause harm to yourself or others
- Having communicable diseases of public health significance like tuberculosis
Health-Related Grounds
An important aspect of immigration is public health safety. The U.S. authorities have to ensure that aliens do not introduce drug abuse problems, mental or physical disorders with associated harmful characteristics, or infectious diseases. Congress also demands that all those who apply for green cards be vaccinated against certain preventable diseases. Diseases like syphilis, tuberculosis, cancroid, and gonorrhea can cause you to be inadmissible in the U.S. Therefore if you intend to go to the U.S., you need to undergo a medical check-up to remove these reasons for inadmissibility.
Public Charge –Section 212 (a) (4)
If you are a U.S. non-citizen who is likely to become a public charge, you are inadmissible. The U.S. authorities define a public charge as individuals who primarily rely on the U.S. authorities for subsistence. For any alien to avoid this ground of inadmissibility, some employment-based and virtually all family-based aliens must possess a legal Form I-864, Affidavit of Support.
Security And Associated Grounds
The U.S. government could find you inadmissible on the grounds of national security if you are found to be involved in specific organizations or activities that could be against or unlawful to the general principles of the U.S. democracy. Aliens that are inadmissible under the national security grounds include:
- Individuals engaging in terrorist activities
- Participants in genocide or Nazi persecution
- Individuals whose admission into the U.S. would bring about serious foreign policy consequences
- Individuals seeking to access the U.S. to engage in illegal and prejudicial activities like sabotage and violation of any statute
- Members of the communist or any totalitarian party
Illegal Entry And Immigration Violations
Typically, if you enter the United States without the authority's consent, you are inadmissible. These reasons for inadmissibility cover many other immigration violations. For instance, if you fail to attend removal proceedings, misrepresentation or fraud with immigration officers can make you inadmissible.
Green Card Application Waiver Of Inadmissibility
The U.S. immigration authorities can deny you a U.S. lawful permanent residence if they find you inadmissible. However, in some cases, if you make a special application for legal forgiveness, you will get around a bar to receiving your lawful permanent residence. Section 212 of the Immigration and Nationality Act (I.N.A.) explains which grounds of inadmissibility qualify people to apply for a waiver. The common grounds of inadmissibility for which you can make a waiver application are:
Specific Criminal Grounds Of Inadmissibility
You could qualify to file a waiver application if you were denied admission to the United States because of your criminal history. Section 212(h) of the I.N.A. highlights specific criminal grounds that can allow making a waiver application. These include a single crime of possession of 30 grams or less of marijuana, offenses of moral turpitude, and prostitution. You are not allowed to make waiver applications for crimes like torture, murder, aggravated felonies, or violations of any other statute about controlled substances. If your criminal ground of inadmissibility allows you to make an application for a waiver, then you qualify if any of the following favors you:
- Your U.S. citizen or permanent resident child, fiancé, parent, or spouse will face extreme hardship if you are denied admission.
- It has been over 15 years since you committed the offense and made an application for admission to the United States.
You will need to show that you are not a threat to U.S. security, welfare, and safety when you are applying for a waiver based on the passage of 15 years. You will also have to demonstrate that you have reformed. If you have not committed other offenses in your home country for 15 years, your chances of success will be high. Your chances of success will also increase if you actively participate in and complete programs intended for your rehabilitation.
Illegal Presence In The U.S. Waiver
Illegal presence in the U.S. is the most common ground of inadmissibility for which you can file a waiver application. You could file Form I-601(Application for Waiver of Grounds of Admissibility) if you accumulate illegal presence in the United States and are subject to the 3-year or 10-year bar. However, the law recommends that you must have a legal permanent resident parent, spouse, or fiancé who would face extreme hardship in case you were denied admission. Therefore, you cannot seek a waiver on illegal presence in the U.S. based on having a lawful permanent resident child or having U.S. citizenship. Generally, you can make your application at an immigrant visa interview at an Overseas U.S. Consulate.
Form I-601A (Application for Provisional Unlawful Presence Waiver) is another option you can use to apply for a waiver. The good thing about this waiver is that you can file your application while in the U.S. before you leave for a consular interview. This will help you avoid facing the risk of being denied a return to the U.S. based on your illegal presence. The individuals who can file this type of waiver include:
Children and spouses of permanent residents
- Adults and married children of U.S. citizens
- Siblings of U.S. citizens
You will apply for this waiver if illegal presence in the U.S. is the only ground of inadmissibility. If there are other grounds for inadmissibility, you will need to go back and use the I-601 waiver.
The most challenging step while making a waiver application for illegal presence is showing ‘’extreme hardship’’. The immigration statute does not define ‘’extreme hardship’’. Generally, extreme hardship means the experience your qualifying relative will undergo if you are denied admission to the United States. It is better to prove extreme hardship by showing more specific unusual situations. You can also consider presenting the evidence of mitigating factors to your waiver application. If you submit a weak application, mitigating factors can turn it into a successful one. The mitigating factors can include:
- Having come to the U.S. during your childhood
- Your genuine belief that you had adhered to the immigration statute
Children with the qualified person
You will be required to address aggravating factors if any while filing a waiver application for illegal presence in the U.S. Aggravating factors can weaken the overall strength of your application. Aggravating factors can include:
- Factors that hint at marriage fraud
- Prior convictions, arrests, criminal charges, or violations of immigration law
Other aggravating factors can be whether you and your qualifying relative come from the same country or speak the same language. Therefore, you need to prepare to submit the evidence that mitigates the severity of the aggravating factors (if any). For instance, if you have a criminal history, you will have to prove that you completed the services or programs for your rehabilitation.
Immigration Misrepresentation Waiver
If you secured an immigration benefit by misrepresentation or fraud, it is another common ground of inadmissibility. This ground can allow you to make a waiver application. However, if you falsely claim to be a U.S. citizen, you do not qualify for a waiver. To be eligible for this application, you require to have U.S. citizenship or legal permanent resident parent, spouse, or fiancé. You will also need to prove that your qualifying relative will experience extreme hardship if you are denied admission to the U.S.
Getting Around An Inadmissibility Problem
You cannot be entirely stopped from entering the United States or obtaining a green card even if you fall into one of the classes of inadmissibility. You can overcome your inadmissibility penalty. For instance, if your disease can be cured or the doctor made a wrong diagnosis, or the authorities made a mistake in your case, you can challenge the inadmissibility. You can seek a waiver if none of the options works. You can ask the immigration authorities to forgive or overlook the problem and admit you.
Statutes Of Limitations To Inadmissibility
Under California immigration statute, there is no time limit or expiry date on your inadmissibility. No matter the time taken since you committed the offense, that made you inadmissible. However, the inadmissibility cannot go away by itself. Even if you committed minor crimes like a mistake on your visa application paperwork, the inadmissibility could not naturally disappear. However, you can overcome an inadmissibility bar using other available ways.
Find A Los Angeles Immigration Attorney Near Me
If you or a loved one faces immigration challenges due to inadmissibility, you need a reputable immigration attorney to represent you. California Immigration Attorney can guide you and help you overcome an inadmissibility issue. We have reliable immigration attorneys in California who understand the ins and outs of immigration law. Contact us at 424-789-8809 and talk to one of our attorneys.