Whether you’re already in the US or are just now reaching the border, it’s possible to be found inadmissible. This means you’re unable to legally enter or stay in the US. Although there are many reasons to be found inadmissible, it might be possible to reverse the decision. We explain how below.
Everyone who applies for admission into the US will need to be deemed admissible or inadmissible. There are many grounds of inadmissibility that could keep you from entering the US or staying within the country. For example, you could be inadmissible if you:
- Have a communicable disease of public health significance or if you failed to obtain the necessary vaccinations against vaccine-preventable diseases
- Have committed a crime involving moral turpitude, controlled substances, drug trafficking, prostitution, human trafficking or money laundering
- Have violated immigration laws
- Have multiple criminal convictions
- Have a physical or mental disorder that might cause harm to yourself or others
- Are likely to become a “public charge” or a dependent requiring government assistance
The US has adopted admissibility rules to help protect the country from terrorism, infectious diseases and other dangerous situations. Unfortunately, the law isn’t perfect, and it’s possible to be found inadmissible for something minor or a mistake. For example, it’s possible to be found inadmissible simply due to submitting incorrect information to USCIS.
If you’re inadmissible based on any of the grounds listed above, it’s possible to apply for an I-601 waiver. The waiver is a great next step if the inadmissibility will create extreme hardship to another US citizen or if you can prove your positive qualities and actions outweigh the grounds.
With your waiver application, you’ll need to supply evidence that shows why you’re eligible to file. If you’re filing based on hardship to a spouse, parent or child, you’ll need to submit evidence to support that claim.
Whether you’re considering a waiver or you feel the inadmissibility finding is a mistake, we recommend reaching out to an immigration attorney to help. They can explain your next steps and help you through the process.