Foreign nationals face many hurdles to receiving legal status in the United States, often because they are deemed “inadmissible” under the law. Being found inadmissible will bar a foreign national from entering the United States or, if they are already here, from adjusting status to become a legal permanent resident.
Fortunately, you might be able to receive a waiver of inadmissibility, but you should meet with an immigration lawyer in Austin to begin work on your case.
Grounds of Inadmissibility
The most common grounds that can act as a bar include the following:
- Previous violations of immigration law. Examples include overstaying a valid immigration status for 180 days or more, entering the U.S. without inspection, or getting caught at the border.
- Falsely claiming to be a U.S. citizen. Someone who votes illegally in an election will be deemed inadmissible.
- Criminal offenses. Crimes involving controlled substances or crimes of moral turpitude make a person inadmissible. However, not every crime acts as a bar, so an attorney will need to take a close look at your conviction.
- Likelihood of becoming a public charge. The law in this area is fluid. As of October 2019, using any public assistance benefits for 12 months in a 36-month period could act as a bar unless outweighed by other proof that the foreign national will not become dependent on government assistance.
- Health. Many foreign nationals are deemed inadmissible because they lack proof of vaccinations, have a communicable disease, or suffer from a mental or physical disorder that poses a threat to the community.
- Moral grounds. Someone who is planning to practice polygamy would be denied admission.
- Fraud in connection with seeking an immigration benefit. Lying or willfully misrepresenting a material fact in your petition can act as a bar.
- Threat to national security. Someone who associates with terrorists or Nazis or who participates in sabotage, genocide, etc. will be deemed inadmissible.
If USCIS has deemed you inadmissible, you should be told the reason why.
Receiving a Waiver
It is sometimes possible to receive a waiver. Not everyone can request one, however. For example, someone who has trafficked in human cannot request a waiver under any circumstances. And even those who can request a waiver might ultimately be denied.
To improve your chances, you should meet with an Austin immigration attorney who can help you complete Form I-601. You should build a case for showing that someone in the U.S. would suffer an extreme hardship if you were denied admission or a green card. For example, in some situations, you could show that someone based in the U.S. would be financially destitute or unable to care for themselves if you were not present. Finding adequate documentation can sometimes be a challenge.
Reach out to an Immigration Lawyer in Austin Today to Schedule a Consultation
Inadmissibility often poses a hurdle for foreign nationals, but the hurdles are not always insurmountable. If you would like help petitioning for a waiver, please contact Michael G. Murray, P.A., today. To schedule your consultation, call us today at (512) 215-4407 or contact us online.
View more contact information here: Immigration Lawyer in Austin.