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
Grounds of Inadmissibility under U.S. Immigration Law
To be issued a visa and admitted to the U.S. at a port of entry, a foreign national must generally not fall within a list of classes of persons who are to be prohibited entry to the U.S. This list is known as the “grounds of inadmissibility.”
First Impression: Presidential Proclamation Barring Immigrants Lacking Health Insurance
This is my first impressions of President Trump’s Oct. 4 proclamation barring issuance of immigrant visas to applicants with no “approved” health insurance.
U.S. Restricts Visas for Chinese Officials Responsible for Xinjiang Repression
On October 8, the U.S. State Department announced visa restrictions on Chinese government and Communist Party officials responsible for, or complicit in, repression of Uighurs and other Muslim minority groups in the Xinjiang region.
Findream LLC Operator Indicted for OPT-Related Scam
The below July 26, 2019, press release is from U.S. Immigration and Customs Enforcement. Huang Weiyun has been indicted on allegations that, among other things, she sold letters falsely verifying that F-1 students were eligible for optional practical training (OPT) based on employment with her company, Findream LLC.
Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration
May 3, 2019 Update: The U.S. District Court for the Middle District of North Carolina today issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted…
Marijuana Use Still Can Lead to Denial of Naturalization
U.S. Citizenship and Immigration Services (USCIS) reminded its officers this week that violation of federal controlled substance law, including for marijuana, is still a basis for denying naturalization. This is true, even if such activity is not unlawful under applicable state or foreign law.