Inadmissibility to US
Are you considered inadmissible into the USA?
Are you prevented from entering the USA?
Does your prior criminal record make you inadmissible for entry into the USA?
Have you stayed outside the USA too long to return as a legal resident?
Are you being refused entry into the USA as a visitor?
If you answered yes to any of the above questions, then we at Nouri Law can help. We successfully resolve issues like these for our clients on a regular basis. Our skilled legal staff has the expertise and the experience necessary to get you the very best outcome possible in your immigration case.
Discovery is a request for compulsory disclosure of documents and other information that relates to a legal matter.
Upon opening your case, we will request
- A synopsis of your interview/exchange with the Border Officer.
- A copy of your records, including notes entered under your name by the Border Officer.
With this specific information, we can begin to plan the best strategy to remedy any problems related to your visa application, and allow you legal entry into the USA. A successful strategy may
- Correct your records,
- Seek a review of your immigration status, or
- Obtain a visa with specific remedies/waivers for your legal entry into the United States.
These remedies entail correcting your border records including coordination with the U.S. State Department Consulate/ Embassy abroad, along with approval from the Department of Homeland Security in Washington D.C.
A waiver forgives a ground of inadmissibility or deportability. An individual could be refused entry into the USA unless they are granted a waiver.
To name a few common situations, a waiver may be needed to
- Forgive prior criminal records that make one inadmissible or deportable, as the case may be.
- Forgive the unlawful presence beyond a person’s authorized stay in this country.
- Forgive a prior misrepresentation or possible fraud.
Such waivers may be obtained inside or outside the USA from the Department of Homeland Security (DHS).
At Nouri Law, we have yet to receive a denial of our filed and submitted waivers. One reason for our success is that we carefully prepare a complete package, and utilize experts to bolster any application for a waiver.
If one has a prior deportation, he/she needs a specific waiver for Permission to Return to this country. This requires a review of whether the individual applicant meets all the requirements for such a waiver.
Waivers are hard to obtain and the denial rate is very high, due to the high standard placed by the government through statues (laws) and case law (court interpretation of the law).
A person may have
- committed visa fraud,
- assisted aliens in entering the US without inspection,
- have been in the United States unlawfully for a period of time, or
- committed other criminal offenses.
Alternatively, a person may already be in the United States but should have been found inadmissible. In other words, he/she was wrongfully admitted to the U.S. and can be put into removal proceedings upon discovery of the wrongful entry.
To remedy the situation, a Form I-601 Waiver could be filed, along with a supporting brief, substantial supporting documents, and a report by an expert (such as a psychologist or a country condition expert) in an attempt to excuse the immigration problem, if the individual meets the requirements.
Please note that some grounds of inadmissibility cannot be waived, and the individual will therefore not be allowed to immigrate with a visa by way of a family petition.
Even if a waiver is available, the United States Citizenship and Immigration Services (USCIS) is not required to grant the waiver. The USCIS has discretion to grant the waiver or not, and the Department of Homeland Security may look to the effects on the applicant or applicant’s close relatives who would suffer extreme and/or unusual hardship if the waiver was denied.
The process involves balancing government interests with the individual’s right to remain in this country, if the individual meets the U.S. immigration legal requirements for a waiver.
Waivers are hard to obtain. It is difficult to obtain multiple waivers for an individual with multiple grounds of inadmissibility or deportability. Multiple waivers appear to represent an individual as having a total disregard for U.S. law. However, our office has been successful in obtaining as many as three (3) waivers for one individual with multiple incidents of breaching U.S. law.