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Blandon Law Immigration

Monday, May 3, 2010

Overcoming a Charge of Inadmissibility

     Whether a foreigner is entering on a nonimmigrant or an immigrant visa, she must demonstrate that she is eligible to be admitted into the United States. In addition, even if the foreigner is already within the United States but is applying to become a Legal Permanent Resident through Adjustment of Status, she must demonstrate that the grounds of inadmissibility do not apply to her. The most common grounds for denial include health-related grounds (such as communicable diseases or mental health), economic grounds (likely to become a public charge), criminal grounds (convictions or admissions to the acts), and violations of immigration laws (such as working without authorization during a prior visit to the United States).
     The grounds for inadmissibility are numerous and complicated. While a foreigner may know of a Legal Permanent Resident who has never been deported despite a marijuana conviction, for example, a foreigner who has ever been convicted of any controlled substance offense is inadmissible to the United States even on a visitor (B1/B2) visa.
     Blandon Law assists foreign nationals to obtain waivers of these grounds of inadmissibility. There are a number of waivers specifically written into the Immigration Act. The best known among these may be waivers for the bars for unlawful re-entry after removal, remaining in the US unlawfully for a specific period of time, or working without authorization. The waivers can be obtained at a port of entry such as an airport, an Immigration Field Office, an Inadmissibility Review Office, through Citizenship and Immigration Service or through a consulate or embassy abroad. Because the field of waivers is so complex, the single thing that is clear about waivers is that the advice of an immigration professional is vital. When the foreigner is not allowed into the United States or is not allowed to become a resident because of one of these grounds of inadmissibility, call Blandon Law.

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