WAIVERS & Others
Immigration Waivers & Others – NYC, New York
Waiver of inadmissibility or removability.
Many foreign nationals are barred from receiving legal status in the U.S. because they are determined to be “inadmissible.” Inadmissibility is a legal term meaning that the applicant will not be allowed to physically enter the U.S. if abroad, or, if they are already in the U.S., to adjust their status to that of a legal permanent resident.
If you find yourself in this situation, we urge you to get in touch with us here in New York at G.A.M. Law Office P.C. You may be able to file a waiver of inadmissibility or removability, and you can greatly benefit from our attorney’s level of skill and experience. We take pride in delivering quality representation, no matter the challenge.
Committed to Your Immigration Success
Grounds for Inadmissibility
Here is a breakdown of some of the grounds for indamissability.
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, 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, 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, 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, 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.
Deportation Defense – NYC, New York
We will work with you to elaborate the right strategy.
The risk of deportation is real and very serious issues for non-citizens living in the United States. Many people do not know that there are many situations, minor infractions and convictions that can trigger deportation proceedings in New York City. If you or a loved one face deportation for violation of the immigration laws, we urge you to get in touch with us here in New York at G.A.M. Law Office P.C. Our office can quickly and thoroughly evaluate your case and help you explore all the available possible alternatives to deportation in your case. We take pride in delivering quality representation, no matter the challenge.
When deportation proceedings begin it is crucial to review the client’s record to determine the basis of the deportation charges and the best strategy to approach the case. The are specific timelines that must be followed. As a result of the amount of cases, immigration judges will focus on finishing a case as soon as possible. Therefore, thinking strategically is fundamental for a good outcome.
Deportation, also known as removal, is a frightening thing to face. Currently a deportation case is called “Removal Proceedings”. These proceedings will consist of at least two hearing, an administrative hearing which will determine your removability, and a merits hearing when you will be able to prove your defenses and challenge the government case.
It is usual that during this hearing, an immigrant may find himself facing charges of inadmissibility under 8 USC §1182, including, but not limited to, the following:
- Health-Related Grounds – Such as having a communicable disease, not having proper vaccination, having a physical or mental disorder that threatens safety and more.
- Criminal Convictions – A conviction of a crime that either involves moral turpitude or an aggravated felony. This includes multiple convictions, traffickers and other criminal activities.
- Security-Related Grounds – Being involved in violations of United States law, engaging in terrorist activities, as well as those who might cause adverse foreign policy consequences.
Committed to Your Immigration Success
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!