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
SHI Jianxiang, Wanted in China, Convicted of U.S. Visa Fraud
A fugitive Chinese businessman was sentenced Friday to one year in prison after he was convicted on two counts of visa fraud for hiding a Marshall Islands passport he held under another name. See Carolina Bolado, Wanted Chinese Businessman Gets One Year for Visa Fraud, Law360 (Oct. 14, 2022) (subscription only). U.S. District Judge Darrin P. Gayles sentenced SHI Jianxiang Shi to 12 months…
ZTE Visa Fraud Allegations Found Credible by Texas Federal Judge
A Texas federal judge has found to be true allegations of visa fraud by ZTE, a partially state-owned Chinese telecommunications and information technology company. Judge Ed Kindeade’s findings were made in the context of a hearing on whether to revoke ZTE’s probation for violating Iran sanctions. ZTE was on probation after pleading guilty in 2017…
Proposed Settlement in University of Northern New Jersey Class Action
A federal judge has given preliminary approval to a settlement between U.S. Immigration and Customs Enforcement (ICE) and foreign nationals who enrolled in University of Northern New Jersey, a fake school created by the agency as part of an immigration sting. The proposed settlement would resolve claims that ICE violated the due process protections of the…
COVID Vaccination Requirements for Immigrant Visa Applicants
Effective Oct. 1, 2021, the Centers for Disease Control (CDC) requires applicants to receive a full COVID-19 vaccine series prior to being issued an immigrant visa.
Biden Revokes Trump’s Health Insurance Requirement for Immigrant Visa Applicants
On May 14, President Biden revoked former President Trump’s proclamation requiring that immigrant visa applicants buy health insurance. Proclamation 9945 had never gone into effect because it was tied up in litigation. Plaintiffs in Doe vs. Trump that the proclamation was an unlawful exercise of power reserved for Congress. It would have required immigrant visa…
State Dep’t Update on Public Charge
Trump’s USCIS public charge rule is dead, and his State Department public charge rule is at death’s door. Here’s the latest announcement, dated Mar. 26, 2021, from the State Department: On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing,…