Have You Ever Been Denied Admission to the United States?
Do you possess a sense of humor and hope to add some fun during your interview with US border officials? However, be warned: one joke could quickly lead to an unexpected ban at the border.
You could face denial of admission to the United States due to a previous immigration violation. This can be an extremely serious matter, so it’s wise to seek legal counsel before trying to reenter.
Inadmissibility
Are you a foreign national who is ineligible to enter the United States? Unfortunately, yes. Every person applying for a visa or other immigration benefit must undergo an assessment in order to determine if they are inadmissible.
Inadmissibility can arise for a variety of reasons, such as criminal activities or health concerns. Common causes include drug abuse and addiction, criminal convictions, and communicable diseases like HIV or AIDS.
Even if your charges were dismissed or acquitted, a criminal record can make you ineligible for life. To prove your clean record to the Department of Homeland Security so they can grant you a green card or other immigration benefits, such as work authorization.
Another potential reason you might be inadmissible is a history of mental illness. This could include depression, anxiety, bipolar disorder or schizophrenia. A psychiatrist or psychologist must assess your mental wellbeing and provide evidence to the immigration authorities before being granted entry to the country.
You could potentially be excluded if a serious medical condition such as heart disease or kidney failure is discovered. This could happen if your condition is life-threatening or the result of an accident that caused harm.
Other health conditions, such as HIV or leukemia, may prevent you from entering the U.S. To avoid this outcome, obtain clearance from a physician or medical institution prior to applying for a visa.
Communicable Diseases INA SS 34.2
Individuals infected with communicable diseases such as tuberculosis, leprosy, syphilis or human immunodeficiency virus (HIV) are ineligible for U.S. immigration. This obstacle can be difficult to overcome since you must show that your illness does not pose a threat to public health.
In most cases, these inadmissibility grounds are not waived and remain heavily weighted negative factors in the decision maker’s evaluation.
However, there are exceptions. You may qualify for a waiver if your disease is not life-threatening and/or you have received treatment within two years. Furthermore, having an American citizen close relative who holds citizenship status could grant you eligibility as well.
Refusing Entry at the Border
Have you ever been denied admission to the United States? If so, you understand how frustrating and upsetting this can be. In fact, you may even be wondering whether or not you will ever be permitted back into America again.
Fortunately, there are steps you can take to prevent this from occurring in the future. Remain calm and do not argue with border officials at the airport or land port of entry.
The next step you should take is to speak to your CBP officer immediately and request a review of the decision. This is essential as it could result in an overturning of the denial.
Additionally, ask the CBP officer for a written document outlining why you were denied entry to the USA; this can be invaluable when contesting their decision in the future.
Another essential point to keep in mind is that if your application for admission is denied, you will receive notification in the form of a “Withdrawal of Application for Admission” notice (Form I-275). This record will outline exactly why the United States did not admit you into their country.
Additionally, the decision of being denied entry will be recorded on your permanent immigration record and could potentially impede future attempts for admission.
One of the primary reasons for being denied entry at a US border is having a criminal record. This could include any convictions from your past or present.
Similarly, illegal drug use may also lead to denial of admission. No matter your situation, US Customs and Border Patrol (CBP) is on the lookout for any potential security or health hazards.
If you have any doubts or uncertainties regarding your ability to reenter the United States, do not hesitate to consult an immigration attorney. They will provide guidance and direction on what steps to take, how best to handle the situation, as well as tips for dealing with officials.
Attempting to Re-Enter the U.S.
Immigration issues often present themselves when people attempt to re-enter the United States after having been deported or removed. It’s essential for non-citizens to recognize that re-entry may not always be possible and could have serious repercussions if successful.
Re-entering the United States without permission is a serious offense that could lead to felony conviction and permanent exclusion from America.
The United States has a strict immigration law and takes prosecution very seriously. Each year, the federal government prosecutes over 1,000 individuals for re-entry violations to ensure illegal entry is prevented.
Once deported or removed from the United States, you typically cannot reenter for five, ten, or twenty years depending on how long you were there and if you were convicted of any crimes while there.
Many people make the mistake of entering the United States under an inappropriate non-immigrant class, even if they intend to switch once here. This often occurs when individuals believe it will be more convenient or faster to enter under a tourist visa category and then change later to student or work status.
However, this approach can often lead to an application for adjustment of status being denied, a lengthy wait and unpleasant interactions with DHS.
Re-entering the United States with advance parole or a valid visa should only be done if you have an appropriate legal reason and an I-212 petition that has been approved by Homeland Security. If applying for permanent residence or with an pending I-212, it’s especially crucial that you do not make this mistake.
Are you uncertain of your rights or need assistance re-entering the United States? Look no further than Vinesh Patel Law Firm for legal representation and assistance with re-entry into America. We offer a free consultation so that you can fully comprehend all available options; contact us today!