Common Reasons for Inadmissibility in Immigration Cases

 Posted on January 19, 2024 in Citizenship

Moving to a new country can be an exciting and life-changing decision. However, the process of immigrating to another country, such as the United States, is not always straightforward. There are certain factors that may cause immigrants to be deemed inadmissible, which may affect their ability to obtain a visa or Green Card. An attorney who has experience addressing immigration concerns can help determine the best ways to address these concerns, and they may be able to help apply for waivers of inadmissibility.

Some common reasons an immigrant may be deemed inadmissible include:

Health-Related Grounds

The U.S. government aims to protect its citizens from contagious diseases and public health risks by screening potential immigrants for certain medical conditions. Immigrants are required to receive medical examinations and vaccinations, and if certain health-related concerns are identified, they may be deemed inadmissible

Medical issues that may lead to inadmissibility may include communicable diseases of public health significance, such as tuberculosis or HIV/AIDS, as well as failure to receive the proper vaccinations. Additionally, if an immigrant may pose a threat to the safety and well-being of others due to mental disorders or a history of drug abuse, they may also be deemed ineligible for admission.

Criminal Convictions

A person’s criminal history plays a significant role when it comes to determining whether they may be admitted to the United States. Certain crimes can result in immediate disqualification from obtaining a visa or Green Card, and they may also lead to the deportation of someone who is already residing in the U.S.

The severity and nature of a crime will determine whether it falls under the category of "crimes involving moral turpitude" (CIMT). CIMTs refer specifically to offenses that are considered to be vile or depraved. They may include crimes such as fraud, theft offenses that involve malice, violent crimes, sex crimes, or offenses targeting vulnerable victims such as children or the elderly. Other serious criminal offenses, such as drug trafficking, money laundering, and terrorism-related activities, can also be cause for inadmissibility. Multiple convictions for lesser crimes may also accumulate into grounds for inadmissibility.

Unlawful Presence

Unlawful presence refers to any time in which a person remains in the United States without authorization. It may include time in which a person stays in the country after the expiration of a temporary visa, as well as time spent in the U.S. after entering the country illegally.

Depending on the duration and circumstances of unlawful presence in the United States, a person may be barred from re-entering the country for a certain period of time. There are two main types of bars based on unlawful presence:

• Three-year bar: A person who was unlawfully present in the U.S. for more than 180 days but less than one year will typically be prohibited from returning to the country for three years after their date of departure.

• 10-year bar: An immigrant with more than one year of unlawful presence will not be able to re-enter the U.S. for 10 years after their date of departure.

Contact Our United States Immigration Lawyers for Inadmissibility

Inadmissibility can be a significant obstacle for immigrants who are seeking visas or Green Cards. However, waivers of inadmissibility may be available in certain situations, and immigrants who demonstrate that they meet the required criteria may be able to obtain authorization to enter or remain in the United States. At Immigrate Lawyer, our U.S. immigration attorneys can help immigrants and their family members determine their options for addressing issues related to inadmissibility, and we can ensure that applications for visas and Green Cards will be completed successfully. Contact us at 844-464-4727 to arrange a free consultation and learn how we can assist with immigration-related concerns.