About Waivers of Inadmissibility

Many people are barred from entering or remaining in the United States unless they can achieve a waiver through the I-601 process. These people are determined “inadmissible” by criteria outlined by the Immigration and Nationality Act. 

Inadmissibility is determined by whether or not particular circumstances apply. These categories of inadmissibility include:

• Health-related reasons
• Criminal actions and histories
• National security concerns
• Likelihood of becoming a public charge
• Lack of labor certification
• Fraud or misrepresentation 
• Prior removals and/or unlawful presence 
• Other miscellaneous grounds of inadmissibility 

Individuals deemed inadmissible may apply for waivers for these grounds of inadmissibility. A George & Marzialo, PLLC immigration lawyer can help determine the requirements and eligibility for a waiver as they vary depending on what ground of inadmissibility applies to your situation. 

Grounds for Inadmissibility 

There are eight separate categories, defined as “units” by the USCIS, that provide grounds for inadmissibility: 

Inadmissibility Due to Health-Related Reasons 

Health-related grounds apply to those who have a communicable disease that is considered to be of public health significance. The government determines what conditions fall into this category, which includes active tuberculosis, infectious leprosy, gonorrhea, infectious syphilis, and others. 

Persons who have failed to receive necessary vaccines against diseases may be deemed inadmissible. Persons with physical or mental disorders associated with harmful behavior that is likely to occur are likewise inadmissible. The concern is with any threat to persons or property. By similar logic, persons who are drug abusers or addicts are inadmissible. 

Inadmissibility Due to Criminal Actions and Histories

The initial element of this unit is for crimes involving “moral turpitude.” The phrase “moral turpitude,” however, is not defined under federal law through either regulations or statutes. The definition has instead been developed by the US court system, which has refined an understanding of the term over the course of a number of cases. It is generally used to describe vile, depraved acts or acts that go against the accepted morality and duties normally owed between persons in society. Courts then clarify that various laws will be considered to determine if a person has committed a crime of moral turpitude, and the USCIS suggests “consultation with an experienced immigration Lawyer is recommended for any persons to whom this section may apply.” 

Working with an immigration Lawyer can be extremely valuable when trying to navigate inadmissibility due to criminal reasons. Additional causes in this unit include multiple criminal convictions, violation of any controlled substance law, drug trafficking, commercialized vice, prostitution, and the commission of a serious crime where an individual has asserted immunity from prosecution (in the US). In addition, human trafficking, violations of religious freedom, and money laundering may also render a person inadmissible for criminal reasons. 

Inadmissibility Due to National Security Reasons 

Inadmissibility due to national security reasons refers to any persons who a DHS immigration officer, DOJ immigration judge, or Department of State consular officer knows or has reason to know seeks to enter the US to engage in sabotage, espionage, an attempt to overthrow the US government, or other unlawful activity. Such persons are deemed inadmissible, as well as persons who participated in a totalitarian party, present a threat to foreign policy, or participated in Nazi persecutions.

Inadmissibility Due to the Likelihood of Becoming a Public Charge 

A public charge is defined as an individual primarily dependent on the government for subsistence. To determine whether or not a person is likely to become a public charge, several factors are taken into account: family status, age, health, assets, employment history, and education. The government will consider the totality of a person’s circumstances before determining if they are inadmissible as a public charge.

Inadmissibility Due to Lack of Labor Certification 

Aliens who are trying to enter the US permanently as immigrants to work are inadmissible unless it is certified by the Secretary of Labor that:

• Employment of that individual will not negatively impact the wages and working conditions of US workers in similar employment
• There are insufficient numbers of US workers who are willing, qualified, and able to do the same work 

The framework behind this particular unit concerning admissibility is to protect the domestic economy from outside competition in the labor force. Specialized workers may qualify for special employer-based visas, which an immigration Lawyer from George & Marzialo can address.

Inadmissibility Due to Fraud or Misrepresentation 

Any individuals who benefit from fraud or willful misrepresentation of a material fact while seeking entry into the US through a visa or other immigration travel or entry document or any immigration benefit will be inadmissible. This restriction underlines the importance of ensuring that your application is as accurate as possible to prevent the potential misrepresentation that could lead to inadmissibility. 

Inadmissibility Due to Prior Removals and/or Unlawful Presence 

This unit makes inadmissible persons who are barred from returning to the US due to having previously been in the US for more than 180 days during a single stay before departing. Persons who have been removed through exclusion or deportation from the US, or departed the US of their own volition when a final order of removal was outstanding, are inadmissible. Additionally, persons who were unlawfully in the US for a total of one year, whether during one stay or throughout multiple stays, and then illegally reentered the US, are classified as inadmissible. 

Miscellaneous Grounds of Inadmissibility 

There are a variety of additional grounds the US government may cite for inadmissibility, including illegal entry into the US, failure to attend immigration and/or removal hearings, abusers of student visas, practicing polygamists, smugglers, former US citizens who renounced citizenship to avoid being taxed, unlawful voters, and international child abductors and their relatives. This category can be especially difficult as it leaves discretion to the courts and government officers.

Contact George & Marzialo to Speak with an Immigration Lawyer

If you need help securing a waiver to get past inadmissible status, contact an immigration lawyer from George & Marzialo.