Giselle Ayala, Esq.

Immigration Attorney

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Past violation(s)

Past violation(s) of U.S. immigration law or unlawful presence laws is the most common reason for inadmissibility. If you have been previously removed or deported from the U.S., tried to enter the U.S. and been caught at the border, entered the U.S. without inspection, or overstayed your valid immigration status for 180 days or more, you are inadmissible.  There are many different ways a foreign national can be deemed inadmissible due to these grounds, so if you have any prior violations of immigration law (even if you have never been “caught”), it is extremely important to contact an immigration attorney prior to applying for legal status in the U.S.

Criminal Grounds

Criminal Grounds, If an individual has a criminal history, they may be inadmissible. Offenses considered “crimes involving moral turpitude” can make a person inadmissible, and so can most offenses involving controlled substances. Not all convictions make a person inadmissible, and the analysis of whether or not a certain offense will become a problem can be quite complicated. If you have a criminal history of any kind, it is advisable to contact an experienced immigration attorney prior to applying for any kind of U.S. immigration benefit.

Health-Related Grounds

Health-Related Grounds, such as having a communicable disease of public health significance, failing to present documentation of vaccinations against vaccine-preventable diseases (including mumps, measles, rubella, polio, tetanus, diphtheria, hepatitis B, and others), or having a physical or mental disorder that results in behavior that may pose a threat to the community. The “physical or mental disorder” element of this ground can be a problem for many people. For instance, if you have even a single DUI conviction on your record, or have ever made a statement to a government official that could lead them to believe you are or were a drug user (even if you have no drug-related criminal convictions), your application could be flagged for having the “disorder” of being an alcoholic or drug addict. Often, individuals attempting to enter the U.S. on a visa are required to undergo testing by a U.S.-government-approved doctor before their visa will be issued due to this health-related ground. If you are concerned that this ground may apply to you, it would be wise to contact an immigration attorney to advise you during the visa/adjustment of status process.

Economic Grounds

Economic Grounds, meaning that a person is considered “likely to become a public charge.” This applies to individuals who the government deems likely to seek access to public benefits such as welfare, food stamps, Medicaid, etc. if they are admitted to the U.S. Individuals applying for admission or adjustment of status as a legal permanent resident are required to submit an “affidavit of support” along with their application to address this ground. The affidavit of support provides proof to the government that the person petitioning for you (or that person and a co-sponsor) are capable of providing for you financially should you be unable to do so yourself.

Fraud or Willful Misrepresentation of a Material Fact

Fraud or Willful Misrepresentation of a Material Fact in connection with seeking to procure or procuring a visa or any other type of immigration benefit can render a person inadmissible. This includes making an oral misrepresentation to an immigration official, presenting a fraudulent document in an immigration application, or any other form of misrepresentation of the truth while attempting to gain entry or legal status in the U.S.

Moral Grounds

Moral grounds, including persons coming to the U.S. planning to practice polygamy.

False Claim of U.S. Citizenship

False Claim of U.S. Citizenship, Claiming to be a U.S. citizen when you are not is one of the most serious and difficult-to-overcome grounds of inadmissibility. One way an individual can subject themselves to this ground is by voting in a state, federal, or local election where U.S. citizenship is required.

Security Related Grounds

Security Related Grounds, including espionage, sabotage, illegal activity, terrorist activity, association with terrorist organizations, membership in a totalitarian party (including the communist party), Nazis, persons committing genocide or torture, religious persecutors, etc. This is one of the most serious grounds of inadmissibility but is rare in its application.

Giselle Ayala, Esq.

Immigration Attorney

Contact Now!

Common Defenses to Avoid a Deportation

1. Adjustment of Status

While most green card applications are filed before USCIS, when a person is placed in removal proceedings, an adjustment of status petition is filed before an immigration judgment. In many cases, the adjustment of status can be used used as a defense to deportation. Most often this is based on a family-based petition, but in some circumstances it can also be based on an approved employment-based petition. Know more about the adjustment of status petition here!

2. Renewal of a I-751 Petition to Remove Conditions

3. Criminal Waivers 

4. Asylum

5. Prosecutorial Discretion

6. U Visa 

7. Cancelation of Removal

8. Voluntary Departure