If you or a loved one are deemed inadmissible to the U.S, there’s still hope. Waivers of Inadmissibility can nullify your classification.

When applying for a visa or green card of any kind, there can be complications which arise that may cause you to be classified as inadmissible to the United States. Once you are deemed inadmissible, there is still at least one option available to you. This option is called a waiver of inadmissibility and essentially nullifies your classification of inadmissibility.

There are many grounds for excludability such as health reasons, criminal violations, security violations and falsely claiming U.S. citizenship. Health is a very important aspect of your application for citizenship or a visa, in addition to having tuberculosis, gonorrhea, syphilis and/or other diseases, if you refuse vaccinations, or if you have mental disorders, this could cause you to be inadmissible to the United States. If you have already entered the U.S. illegally or stayed past the legal time allotted by your visa, this could also make you ineligible for admittance.

Unlawful Presence in New York

Although it is possible for spouses, sons, and daughters to enter into the United States if their family member is currently a U.S. citizen, they are still susceptible to deportation under U.S. immigration law. If more than 180 days of “unlawful presence” has been accrued by a spouse / son / daughter , they could be forced to leave the country under the tenets of the U.S. legal immigration process. When this is the case, these “unlawfully present” individuals could be barred from returning to their families for anywhere between three to ten years.

The best way to ensure that you are not asked to leave the country and made to stay away from your family for an undefined amount of time is by communicating your situation with a New York immigration attorney from Pozo Goldstein, LLP. For persons who have been informed that they must leave the country because of “unlawful presence,” a waiver can be sought which would allow them to return to their families. To do so, it must first be proven that the U.S. citizen whose family member was made to leave the country would suffer extreme hardship from the separation.

Form I-601: Application Process

If you have been deemed as inadmissible to the United States, it is important to recognize that there are steps that can be taken to challenge this fact. For example, you may choose to file a Form I-601, which is an Application for Waver of Grounds of Inadmissibility. By filing this form, you will be seeking to adjust your immigration status so that you may be granted legal entry into the United States.

After being found inadmissible, the Consular Officer will let you know of your eligibility to file. To support your claim, when filing, you will need to provide proper and compelling evidence. This includes evidence of hardship – stating that you being found inadmissible would cause extreme hardship to a qualifying relative, such as a spouse, parent or child.

Determining Inadmissibility

Any number of reasons could deem a person inadmissible for entry into the United States. This type of inadmissibility, however, is not set in stone. Rather, it can be challenged by submitting an application for Waiver of Grounds of Inadmissibility to the consular office of the U.S. Citizenship and Immigration Services.

Otherwise inadmissible persons don’t have to sit idly by and simply forego the opportunity to enter the U.S. Instead, they can file a waiver and seek approval for entry in spite of their inadmissibility. Entry into the U.S. can be denied for any of the following reasons:

Health, i.e. communicable diseases

Security violations (spies, terrorists, Nazis, members of Communist or totalitarian parties)

False claimants of U.S. citizenship

Criminal violations (crimes of moral turpitude, drug crimes, prostitution)

Illegal entrants / immigration violators

If you were denied entry into the U.S. for any of the aforementioned reasons, we encourage you to contact Pozo Goldstein, LLP as soon as possible. Upon review of your case, we can determine whether or not you are eligible to file an Application for Waiver of Grounds of Inadmissibility.

New York Immigration Attorneys On Your Side

Being deemed inadmissible to the United States can make applying for a visa or residency extremely difficult. A New York immigration attorney from Pozo Goldstein, LLP will be able to help you in your application for a waiver of inadmissibility. This process is long and difficult; there are many requirements that must be met, as well as documentation and forms that must be provided. Our firm is committed to providing the best possible legal aid to all of our clients.