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
Got Tattoos? U.S. Visa Officers Want to Know
An immigrant visa applicant sporting a tattoo may be questioned about it. The presence of tattoos is noted during the required medical exam. This may lead a consular officer to suspect the applicant has gang affiliations or has abused drugs.
U.S. Visa Denied? Here are Your Options
If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help?
CBP Handout on Inspection of Electronic Devices
U.S. Customs and Border Protection has a handout on Inspection of Electronic Devices, available here. There is a section on “Why You May Be Chosen for an Inspection,” but it omits any mention of CBP’s legal position: that a person may be chosen for any reason or no reason at all: no reasonable suspicion is required.…
Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants
U.S. Secretary of State Rex Tillerson sent four cables to consular officers between Mar. 10 and 17 with preliminary instructions for stricter vetting of U.S. visa applicants. The cables emphasize that “all visa decisions are national security decisions” and that additional screening may “may cause interview appointment backlogs to rise.”
Pocket Guide to Protecting Your Data at the U.S. Border
The Electronic Frontier Foundation has put together a quick pocket guide with a breakdown of your digital rights at the U.S. border.
President Trump Signs Revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry”
President Trump has signed a revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry into the United States.” It goes into effect March 16. The ban fails to address the original version’s flaws and its thinly veiled scapegoating of Muslims and refugees.