Anonymous wrote:
Anonymous wrote:
Anonymous wrote:That didn't answer my question did it? Border patrol says to the person "you can't come in" and then moves aside?
It doesn’t make any sense to me either (I’m not the poster above).
Are There Exceptions To Inadmissibility?
There are certain exceptions to grounds for inadmissibility. Depending on your intended immigration status, USCIS may automatically waive some grounds of inadmissibility for you. Most commonly, applicants for asylum, VAWA, or refugee status will face more lenient inadmissibility standards. When filing Form I-360 to initiate one of these applications, you won’t face the same strict inadmissibility grounds that applicants for other statuses face.
Since asylum, refugee, and VAWA applicants face challenging life circumstances, USCIS is more understanding of these applicants’ voluntary or involuntary immigration violations. Typically, VAWA petitioners may have their unlawful presence, entry, misrepresentation, or criminal grounds forgiven if they committed these actions for survival or safety reasons while facing abuse.
Asylees in the United States do not face inadmissibility grounds at the time they receive their asylum grant. When you have a pending asylum application, USCIS shields you from accruing unlawful presence in the United States. Refugees seeking to enter the United States are judged on inadmissibility when applying for refugee status. Asylees will eventually face inadmissibility grounds when they eventually apply for adjustment of status.
Are There Exceptions To Inadmissibility?
There are certain exceptions to grounds for inadmissibility. Depending on your intended immigration status, USCIS may automatically waive some grounds of inadmissibility for you. Most commonly, applicants for asylum, VAWA, or refugee status will face more lenient inadmissibility standards. When filing Form I-360 to initiate one of these applications, you won’t face the same strict inadmissibility grounds that applicants for other statuses face.
Since asylum, refugee, and VAWA applicants face challenging life circumstances, USCIS is more understanding of these applicants’ voluntary or involuntary immigration violations. Typically, VAWA petitioners may have their unlawful presence, entry, misrepresentation, or criminal grounds forgiven if they committed these actions for survival or safety reasons while facing abuse.
Asylees in the United States do not face inadmissibility grounds at the time they receive their asylum grant. When you have a pending asylum application, USCIS shields you from accruing unlawful presence in the United States. Refugees seeking to enter the United States are judged on inadmissibility when applying for refugee status. Asylees will eventually face inadmissibility grounds when they eventually apply for adjustment of status.
Is There Anything I Can Do if I’m Inadmissible?
Some grounds for inadmissibility may never expire by themselves. However, applicants can take several actions to move forward with their immigration application even if they are inadmissible.
Immigration officials will overlook certain grounds. If you have resolved an issue outside of your control, such as health-related grounds, you won’t need to worry. USCIS can fairly consider your application once you are healthy again and no longer pose a threat to U.S. public health or safety.
If you’re able to make a convincing case, USCIS may also consider waiving a wide range of other grounds for inadmissibility. You’ll likely face an uphill battle when applying for a waiver. However, if you successfully obtain one, USCIS can overlook your past actions or conditions in violation of the INA.
Inadmissibility Waivers
Even if you are inadmissible, you may still gain permission to enter and stay in the United States. To do so, you’ll need to submit a waiver application. If approved, USCIS will consider your immigration application without penalizing you for your violation of the INA. A successful waiver application will allow immigration officials to overlook certain inadmissibility issues, including:
Having a communicable disease
Having a physical or mental disorder associated with harmful behavior
Lacking any required vaccinations
Violating immigration laws
Having committed crimes of moral turpitude
Having multiple criminal convictions
Engaging in prostitution
Being a public charge
The U.S. government will not grant any waivers for the following categories of applicants:
Substance abusers or drug addicts
Drug traffickers
Spies of enemy foreign governments
Terrorists
Nazis
Note that you’ll need to make a strong case if applying for a waiver. You should explain why the benefits of receiving a waiver outweigh any harm. You should also describe the circumstances behind your inadmissibility and address why immigration officials should overlook these issues.
USCIS maintains several waiver forms. Form I-601 applies to those seeking to waive a ground for inadmissibility. Form I-601A applies to those seeking a waiver for previous unlawful presence. For more information about these forms, read our article on waiver of inadmissibility applications. USCIS also offers Form I-690 for special agricultural workers and those who entered the United States before January 1, 1982.
https://www.immigrationhelp.org/learning-center/grounds-for-inadmissibility