The Immigration and Nationality Act enumerates a variety of reasons that someone may be found “inadmissible” to the United States. However, an initial determination of inadmissibility is not always the end of the road when you’re seeking entrance to the U.S.
Generally speaking, a waiver of grounds of inadmissibility can permit an alien to the United States entry despite whatever condition caused their initial barrier — but it is often only possible to obtain the waiver when denying the admission to the applicant would prove a severe hardship to a U.S. citizen or someone with Lawful Permanent Residence status in the U.S.
Some of the most common reasons that people are denied admission to the United States include:
- A history of drug addiction or alcoholism
- A criminal record, especially if there is a crime of moral turpitude (prostitution, drugs, etc.)
- A criminal record involving drugs
- A criminal record involving human trafficking
- Involvement in money laundering schemes
- Overstaying a previous visa in the U.S. while there as a tourist, student, worker or another visitor
To overcome your inadmissibility status, you are required to file for an I-192 Waiver. Essentially, this is asking “forgiveness” for the situation that has caused you to be barred from entering.
It’s important to understand that you cannot seek to stay in the U.S. permanently using this method. In addition to submitting all the other documents required for the regular immigration process, you also have to show that you have no intent to stay permanently in the United States and that you will return to your home country once the visa period expires.
Because there is intense scrutiny over these kinds of immigration applications, it’s important to make certain that all of the documents are correct, and the application is perfect. If your family member is seeking admission to the U.S. under these circumstances, please contact our office to see how we can help.