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USCIS Inadmissibility Explained

Public charge that has been in the news recently is part of what is reviewed for admissibility. This is not the only category that may cause you to be found inadmissible to the US. Admissibility is reviewed for every person trying to obtain an immigration benefit whether they are in the United States or outside the US.

Transcript (Transcripción):

Andres Mejer : Under what circumstances can the US keep me out? Public charge is one of the grounds of its admissibility. There are many. Now, everyone who applies to enter the US no matter how long the person plans to be here or whether the person already has a Green Card is check to see whether he or she is inadmissible. The word admissibility sounds like it applies only to someone who is outside the US and applying to get in for an immigration purpose. But it also applies to people who are in the US but want to change their status. Now. When can the US keep us out? If I’m in the US and I’m applying to change my status I’m being viewed if I’m admissible. Whether it’s a Green Card a student visa an employment visa or a temporary H1B or H2B Visa, whenever it is. Those are all considered admissions now. The law treats them like they’re outside the US, asking to be let in even though they’re already here. What happens if you’re found inadmissible to the US? Well depending on where you are immigration get a block your entry or they could stop you. Green Card process and put you in removal proceedings. Or they could just deny your visa. If you’re at the border. You could be sent home or you could be put in removal proceedings to be deported from the US. Even a green card holder can be found inadmissible, if a permanent resident green card holder departs the US. Let’s say he goes on a cruise or visits his family in Mexico. Then you want to come back into the US. There are grounds where the Customs Border Patrol won’t let you in. For example if your out of the US from more than six months that could be a problem. If you’ve committed serious crimes if you were even accused of crimes. If you’ve developed a medical condition like tuberculosis or you’ve been receiving public benefits when you shouldn’t have. That’s where the public charge is going to come in even though you’re already Green Card holder. Now, how do you overcome a finding of inadmissibility? Whether it’s in the US or outside of the US you’re applying for a benefit. Immigration is evaluating. Are you disqualified because of something in your past. So even if you have a ground of inadmissibility There are waivers for some of them. For example you killed somebody you serve 20 years in jail you’re inadmissible. I’m sorry you’re screwed. Nobody can really help you with it without one. But what happens if you’re charged with shoplifting.? If you’re charged with assault? Every case is a little bit different. Depends on what. When it happened how long you’ve had your Green Card or whatever status you have. But in some circumstances there is a waiver or circumstance can change. I have an illness I’m cured of that illness. Government made a mistake they believed I was an invisible when I wasn’t. If those situations don’t work out then you have to look for a waiver. Every single client that comes to my office and ask about immigration I look for my plan, It’s a three step plan. Every single time, one you qualify for something? Green Card, marriage, special immigrant juvenile, U visa, cancellation of removal, asylum, employment based victim, VAWA, SAGE, what have you, do you qualify for something? Number one. Number two is there something in your past that can disqualify you? Like public charge, like medical situation, like failure to pay child support, owing back taxes, criminal charges, all of those multiple entries. Those are all things that we look for that can disqualify you if you’re disqualified for something. 3 Are you Are you eligible for a waiver? Do you have a qualifying relative that will suffer extreme hardship if you’re deported for 10 years? So people with communicable diseases. There is a waiver. People with physical or mental disorders that may cause harm to themselves or others. Yes, there is. There is a waiver for that too, drug abusers or addicts. No, you’re screwed. I’m sorry. A particularly drug traffickers those aggravated felonies there’s no waiver for that. The only option you may have is post-conviction relief motion to try to undo that conviction. People without proper vaccinations. Sure you can also just get the vaccination. People with convictions for a crime involving moral turpitude. Yes, there’s a waiver for that. 

Andres Mejer:  If you violate immigration laws, for example, let’s say I came to the United States that sample group I entered the United States on an Argentinian passport with somebody else’s name I entered legally. I was admitted and inspected by an immigration officer but I was admitted under false pretenses. I would need. That’s fraud that’s a misrepresentation and I would need a waiver for that unless it happened as I was a child and I had no idea I was five years old. My parents presented my documents. I have no idea an intention to do anything. So if I’m a minor I don’t have I don’t need a waiver if I’m an adult. I do need a waiver. Prostitution. Yes. People with. There is a waiver for that. Multiple criminal convictions. You know it really depends on the type of convictions. Sometimes there is and sometimes there isn’t. We have to look at your individual case. 

Andres Mejer: So what do you think about the grounds of inadmissibility? Please leave your comments below. If there’s something, in particular, you’d like to hear about on this show I will talk about it on our next show.