Can I Appeal an Inadmissibility Ruling?

The United States Citizenship and Immigration Services (USCIS) may find you inadmissible if you have been in the country for a while without being admitted or paroled. Inadmissibility also applies when you have exceeded the authorized period of stay by the Secretary.

Determining inadmissibility and appealing an inadmissibility ruling can be complex. To handle this legal issue correctly, it would be best to hire Oakland immigration attorneys. They can provide legal counsel and guide you on the steps to take.

What Are the Grounds for Inadmissibility to the U.S.?

Any person wishing to come to the United States must satisfy specific eligibility criteria stipulated in one of the immigrant preference categories or nonimmigrant classifications. However, despite meeting the requirements, non-citizens may still fail to be granted admission to the country if various grounds of inadmissibility apply to them.

According to Section 212 of the Immigration and Nationality Act, a foreign national may be found inadmissible to the United States on various legal grounds. The following people may be inadmissible in the United States:

  • Those who have committed certain types of crimes
  • Those with multiple convictions
  • Those who have violated immigration laws (including people with over 180 days of unlawful presence who have left the US)
  • Those who may require public benefits
  • Those suffering from communicable diseases
  • Those without proper vaccinations
  • Those who pose a risk to the community because of physical or mental disorders

This means the individuals will not be eligible for legal status in the U.S., including a visa or green card. However, they can qualify if they show they are eligible for a waiver. Immigration waiver lawyers in Oakland can help with the process.

Miscellaneous Grounds of Inadmissibility

Other groups of people who are inadmissible per INA § 212(a)(10)are:

  • Unlawful voters
  • International child abduction groups
  • People ineligible for citizenship
  • Foreign nationals who evaded the draft

How Can I Challenge an Inadmissibility Finding?

If you’re a foreign national currently living in the U.S., you’ll need to show that you’re admissible if you’re trying to transition to a different legal status. For example, despite being in the country, the USCIS may view you as if you’re outside the country if you’re seeking a green card. This could earn you an inadmissibility status if any of the grounds above apply to you.

You can challenge a finding of inadmissibility if you can point out an error that led to the finding. For example, immigration waiver lawyers in Oakland can investigate if a CBP officer made a mistake in reviewing their records. If no error occurs, the lawyers can help you get a waiver of inadmissibility, allowing you to enter the country despite the technical inadmissibility.

Elements of Inadmissibility Waiver Eligibility

Some inadmissibility grounds are waivable, some are not.

In most cases, the eligibility for a waiver depends on the reason for the inadmissibility ruling. If your inadmissibility issue(s) are indeed waivable, you may need to show that a member of your immediate family who holds a green card or is a U.S. citizen would suffer “extreme hardship” if you are denied admission to the country.

This can be complex to prove without substantial documentation. Skilled immigration lawyers in Oakland and Sacramento can help you build a strong case.

What Are the Exceptions and Waivers for Inadmissibility

Your appeal for inadmissibility ruling on the grounds of moral turpitude may be waived for offenses involving:

  • The possession of 30 grams or less of marijuana.

You may also be eligible for a waiver if you:

  • Have multiple convictions for specific crimes
  • Were engaged in prostitution
  • Received immunity from prosecution
  • Have unlawful presence

However, the conditions for eligibility are:

  • You committed the crime more than 15 years before you applied for admission (if seeking a waiver under section 212(h))
  • You have undergone rehabilitation for a prostitution offense and the waiver would not contravene national security regulations (if seeking a waiver under 212(h))
  • You have a spouse or parent who is a U.S. citizen or permanent resident, and being denied admission would pose an extreme hardship to the citizen or permanent resident

Waivers are also offered at the discretion of the Secretary for Homeland Security. The decision to grant or deny a waiver cannot be reviewed. Oakland immigration waiver attorneys can help you create a strong case to enhance the chances of getting an inadmissibility waiver.

An Experienced Legal Representative Helping You Appeal an Inadmissibility Ruling

If you have received an inadmissibility ruling, you may not know the best action to take. Fortunately, a skilled Oakland & Sacramento immigration waiver lawyer can help you check your eligibility for various immigration waivers that would allow you admission into the country. Working with a lawyer also enhances your chances of having the inadmissibility ruling waived.

The waiver process can be complex and take a long time, but our lawyers can provide the support and legal guidance you need. If you or your loved one has difficulties with eligibility to gain entry into the United States legally, we may be able to help. Book a FREE case evaluation at our Oakland or Sacramento office.

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