Grounds for Inadmissibility to the United States

Bronx immigration attorneyIf you are an applicant seeking admission to the United States by way of a work visa and sponsorship, you may be surprised to learn that certain factors or criteria could result in a finding of inadmissibility. Fortunately, the Bureau of Consular Affairs provides applicants the opportunity to seek a waiver of certain inadmissibility issues, and an experienced Bronx immigration attorney can help you put your best application forward.

The following explores the ten areas that could give rise to a finding of eligibility, including a brief description of each:

Health-related Grounds

An alien who is determined to have a communicable (contagious) disease may be denied admission. This requirement may be waived for a child under ten years of age who has not yet received his or her immunizations against diseases like mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B.

Criminal Grounds

The U.S. will likely refuse to admit any alien with a criminal background including crimes of moral turpitude or any offense involving a controlled substance. This section does not apply if the crime was committed while the offender was under age 18, occurred more than five years prior to the application or carried a maximum possible penalty less than one year. Other inadmissible offenses include human trafficking, prostitution, repetitive convictions or severe violations of religious freedom.

Security Grounds

The U.S. will not admit any applicant posing a significant threat to national security as either a terrorist or one engaging in sabotage or treason. This includes membership in a terrorist organization, engaging in activities in violation of U.S. foreign policy, membership in a totalitarian party or participation in the recruitment of child soldiers.

Public Charge

Any applicant likely to become a public charge may be deemed inadmissible. The term “public charge” refers to an individual dependent upon government benefits for his or her livelihood, and may include applicants of an advanced age, diminished skills or lack of education.

Labor Certification

As your Bronx immigration attorney will explain, the U.S. will likely not admit an applicant seeking entry primarily to perform unskilled labor. However, if the applicant can show that there are not enough domestic workers who are willing, able, available and qualified to perform the work. The labor certification provisions also contain certain special mandates for professional athletes, physicians and healthcare workers, which your Bronx immigration attorney can help you better understand if you fall into one of those categories.

Illegal Entrants

The U.S. will deny admission to any parole or immigration violator seeking to enter the country illegally. This includes any individual who failed to attend a removal proceeding or has misrepresented facts to U.S. officials. Likewise, applicants with expired or insufficient documentation of citizenship elsewhere may be denied admissibility.

If, however, you are the victim of abuse, you may be able to seek entry notwithstanding these rules, and an immigration attorney can help you find the shelter you need in the interim.

Miscellaneous

Lastly, the U.S. will not admit any individual who is banned from admission to the U.S., including draft evaders, polygamists, anyone participating in international child abduction or former citizens having renounced citizenship to avoid tax liability.

Contact a Bronx Immigration Law Firm Today

Even if you believe you are inadmissible under one of the above categories, you may still be able to seek a waiver with the help of an immigration attorney. For help, contact Law Office of Delmas Costin, Jr. by calling 718-618-0589 today.

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