Whether you’re coming to the United States for a short visit or to live permanently, the U.S. government has the authority to tell you “no.” Many people are shocked to learn that their engagement or marriage to a U.S. citizen or permanent resident is no guarantee of entry into the United States. The U.S. government has decided that certain types of people will not be allowed into the United States at all. These people are called inadmissible.
Much of your application process will involve proving that you don’t fit into one of the categories of inadmissible people, primarily through answering questions and undergoing a security check and a medical exam. If you will be entering the United States on a fiancé visa, you may have to prove that you are not inadmissible twice: first, for the fiancé visa, and again if you are asking for permanent residence, as part of the green card application.
A brief list of the main grounds of inadmissibility is provided below. As you’ll see, the reasons concern health, criminal, security, and more specialized issues or problems. The grounds of inadmissibility most likely to cause trouble for engaged or married couples are those concerning previous immigration violations, the sponsor’s ability to support the, and health problems. Specific situations that might cause you difficulty under these categories include:
- You have lived or are living unlawfully in the United States, having stayed past the expiration date of your visa or entered the country illegally.
- In the past, you have committed marriage or other immigration fraud. Even if you haven’t yet been caught, filing a new visa or green card application will give the immigration & consular officers an opportunity to review your immigration history.
- Your spouse is unable to support you financially, you don’t have the means to support yourself in the United States, and you cannot find a co-sponsor for the I-864 Affidavit of Support.
You have a communicable illness.
This is a partial list of who is not eligible to come to the United States, many of the grounds have exceptions or waivers. If you fall into one of these categories, your case is going to be very complicated and you will need to be represented by an attorney that focuses their practice on immigration.
Classes of aliens ineligible for visas or admission
Aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States. Anyone who is not a United States citizen:
- who is present without admission or parole
- who convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a crime involving moral turpitude
- who committed a crime under state, federal or foreign law relating to a controlled substance
- who was convicted of 2 or more offenses for which the aggregate sentences to confinement were 5 years
- who is a prostitute or use a prostitute
- who falsely claiming citizenship
- who, by fraud or willfully misrepresenting received or tried to receive an immigration benefit.
- who failed to attend removal proceeding
- who is likely at any time to become a public charge
- who has committed in the United States at any time a serious criminal offense
- who is determined to have a communicable disease of public health significance
- who a consular officer or the Attorney General knows or has reason to believe is or has been an illicit trafficker in any controlled substance
- who is the spouse, son, or daughter of a drug trafficker
- who is or was a foreign government officials who have committed particularly severe violations of religious freedom
- who helps other to come to the United States illegally
- who a consular officer or the Attorney General knows, or has reason to believe is involved in money laundering.
- who is a spy
- who is a terrorist
- whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States
- who is or was a member in a totalitarian party
- who participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
- who recruited child soldiers
- who is a stowaway
- who is a former citizens who renounced citizenship to avoid taxation
For the full section please go to http://www.law.cornell.edu/uscode/text/8/1182
When it comes to inadmissibility the stakes are to high not to go with an experienced lawyer. Our highly trained and experienced immigration lawyers will analysis your situation and if you are eligible draft an application that proves eligibility. We focus our practice on immigration law, current immigration policies, and helping people just like you, every day. We will listen to your concerns and answer your questions; you are not alone.