A past immigration problem, a criminal record, or an allegation of misrepresentation can put plans to visit the United States or obtain a green card at risk. A finding of inadmissibility does not always end the case. The first step is to understand the legal ground, whether it actually applies, and whether an exception or waiver is available.
What Is Inadmissibility?
Inadmissibility means that a person falls within a legal ground that can prevent issuance of a U.S. visa, admission to the United States, or adjustment of status to permanent residence. These grounds appear primarily in section 212(a) of the Immigration and Nationality Act. They include certain criminal offenses, fraud or willful misrepresentation, unlawful presence, prior removal, and certain health, security, and other concerns.
The details matter: a visa refusal does not necessarily mean a waiver is needed, and an arrest, an overstay, or a past application error does not answer the legal question by itself. Read our overview of the Grounds of Inadmissibility under U.S. Immigration Law.
When Can a Waiver Help?
A waiver allows the government to excuse a particular ground of inadmissibility when the law permits it. Eligibility depends on the specific ground, the immigration benefit sought, and the applicant’s circumstances. Some grounds have no available waiver, and approval of a waiver does not by itself grant a visa or permanent residence.
Different rules apply to immigrant and temporary visa cases. Some immigrant waivers require evidence of extreme hardship to a qualifying family member; others use different standards. Certain temporary visa applicants may seek a nonimmigrant waiver under section 212(d)(3). A person with a prior removal may also need permission to reapply for admission. Identifying the correct process is essential before preparing an application.
How We Can Help
Chodorow Law Offices can help you evaluate an inadmissibility concern and develop a strategy for your case. Our work may include:
- Reviewing visa refusals, immigration history, and relevant records to identify the grounds at issue.
- Assessing whether the finding can be challenged, an exception applies, or a waiver is available.
- Preparing legal arguments and supporting evidence, including hardship or rehabilitation evidence where relevant.
- Planning the filing sequence and addressing how a waiver fits with your visa or green card application.
Schedule a consultation to discuss your circumstances. If you have received a refusal or denial, bring the notice and relevant immigration records so we can assess the issue and your options.
Articles on Inadmissibility and Waivers
Albert Einstein on U.S. Visa Policy
For all those engineers and scientists with peeves about Visas Mantis Security Advisory Opinions (SAOs) and other U.S. visa policies, here’s a blast from the past. Albert Einstein is the world’s most famous theoretical physicist. He entered the U.S. in 1933 and chose to settle here after the Nazi party came to power in his native…
Chinese Green Card Holder Under Deportation Proceedings After Voting in U.S. Election
Hong Skains, age 37, is a green card holder from China. She registered and voted in the 2004 federal elections in Colorado, apparently unaware that only citizens are eligible to vote.
Visa Scammer Posing as an Alpaca Buyer
Wayne England, a Tennessee alpaca farmer, was duped into signing an invitation letter used by two Chinese men to apply for U.S. visas. The men entered the U.S. with the visas and then disappeared off the radar screen. I was interested enough in the original story by Forbes that I decided to interview England to…
Public Radio Picks up SAO Story
“Marketplace,” a business show on public radio, has picked up on the security advisory opinion (SAO) story. A reporter in New Delhi met with several H-1B workers who have been stuck abroad for up to 4 months waiting for SAO checks.
USCIS Focuses Fraud Investigations on Small Companies
I previously reviewed a September 2008 USCIS report, entitled H-1B Benefit Fraud & Compliance Assessment, finding that small companies are more likely than large companies to violate the rules related to employing workers with H-1B visas. In January 2009, I reported that USCIS had implemented the report’s recommendations by closely scrutinizing small companies filing H-1B petitions,…
As Processing Times Rise, the Spotlight Shines on SAOs Again
Visas Mantis SAO processing times have risen to 12-14 weeks, causing disruptions in the lives of travelers planning to enter the U.S. on nonimmigrant visas. For example, many students and temporary workers who returned home for vacation during Christmas 2008 are still awaiting their visas to return to school and work.