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Inadmissibility Is Not Always a Deal Breaker in Your Immigration Case


“Inadmissible” is not a word you want to hear in the context of your immigration case.  If you are outside the United States and applying for a visa, it means that USCIS has a legally valid reason to reject your application.  If you are already in the United States, then being inadmissible amounts to unlawful presence in the U.S., which means that the government has the right to begin deportation proceedings against you.  It is possible to cure most of the conditions for inadmissibility, and foreign nationals who are unlawfully present in the U.S. have the right to due process before they are ordered to leave the U.S.  If you have been declared inadmissible, it does not mean that you have no chance of getting U.S. permanent residency or citizenship.  It does, however, mean that you need a Mississauga U.S. immigration lawyer.

Reasons That USCIS Might Declare You Inadmissible

A lot of people associate being declared inadmissible for immigration purposes with having a criminal record, but not everyone who gets declared inadmissible has had a criminal conviction, and not every brush with criminal court will result in inadmissibility or deportation.  These are some reasons that inadmissibility might apply in immigration cases:

  • You have overstayed your current visa or, during a previous visit to the United States under a different visa, you remained in the country after your visa expired.
  • You made a mistake or a false statement on your visa application.
  • You have a contagious health condition that USCIS considers a danger to public health.
  • You have not received one or more of the vaccines that USCIS requires for your visa category.
  • You have a criminal record in your country of origin.

USCIS considers you at high risk of becoming dependent on public assistance, such as SNAP benefits or temporary assistance for needy families (TANF).  It might make this determination if your visa category does not enable you to work in the United States, and you have not shown proof of sufficient funds to remain in the United States for the duration of your visa without employment income.

You Probably Already Know a Naturalized U.S. Citizen Who Was Once Declared Inadmissible

Even though it sounds like a hard “no,” a declaration of inadmissibility is not always a deal breaker for your plans to get a visa, adjust your status to permanent residency, or become a naturalized U.S. citizen.  Some reasons for inadmissibility are easier to overcome than others.  If it is a matter of your vaccination status, all you have to do is go to the doctor to get the missing vaccines and then send a copy of your updated vaccine record to USCIS.  Likewise, if you recover from an inadmissible health condition, you must simply go back to the doctor and show USCIS that you now have a clean bill of health.  It is even possible to get an inadmissibility waiver for your criminal record for all except the most serious criminal offenses.

Contact Zagazeta Garcia LLP About Overcoming Inadmissibility

A U.S. immigration lawyer can help you legally remain in the United States, even if it requires you to file an inadmissibility waiver.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.



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