Huntsville Inadmissibility Lawyer

If the federal government denies or dismisses your application for permanent residency on the grounds you are “inadmissible,” you may think you are out of options for legally staying in the United States. However, you may have the opportunity to appeal this decision.

A Huntsville inadmissibility lawyer knows that applying for waivers is a complex process that takes time. Any mistakes during your application may lead to delays or rejections, threatening your status in the country. An experienced immigration attorney at Solano Law Firm could determine whether you qualify to pursue these waivers and ensure you complete all necessary forms and provide supporting documentation.

Reasons Why Someone May Be Inadmissible

Being deemed inadmissible means someone is not eligible to receive a green card. However, by getting a waiver of inadmissibility, an applicant regains their qualifying status and may apply for permanent residency. Whether someone qualifies for a waiver depends on the specific reason they were deemed inadmissible in the first place.

Immigration Issues

People are often deemed inadmissible due to previous or existing issues with their immigration status. Illegally entering the country without a visa may lead to the government rescinding their right to apply for a green card. Even if someone enters the country legally, if they stay after their visa expires, they may still be considered inadmissible. Working with a dedicated inadmissibility attorney at any stage could help an applicant in Huntsville avoid these mistakes and their consequences.

Criminal History

A criminal history may also make a person inadmissible in the United States. In particular, the USCIS evaluates whether someone has been convicted for Crimes Involving Moral Turpitude (CIMT). Examples of CIMT include:

Certain drug-related crimes
Prostitution
Kidnapping
Murder
Terroristic threats against the government

In these cases, a legal professional could try to find out if there is a waiver to pardon those criminal grounds. Other times, immigration attorneys work with defense lawyers to have those cases dismissed and then file a waiver to ask for a pardon.

Medical Grounds

Applicants may also be denied admission into the country on medical grounds. During an applicant’s medical exam, they may discover they have some type of communicable disease. Tuberculosis is an example. In these cases, once the applicant pursues effective treatments for TB or any other condition, they can redo their medical exam to waive that rejection and prove their health will not be a danger to the public.

How To Dispute a Dismissal or Rejection

Having a green card application be dismissed or rejected does not mean the applicant has lost their right to ever pursue this legal status. There may be waivers available to ask for a pardon. Depending on the reason for an applicant’s rejection, either criminal, medical, or something else, there is a specific type of waiver.

If a rejection comes from an interview, an applicant has 30 to 33 days to either file an appeal or request a motion to reopen the case. A Huntsville lawyer could also file a waiver if the inadmissibility ruling came through a paper application that was missing information.

While applicants have one chance to appeal or challenge the decision when it happens, if the government issues a rejection, the applicant can continue to push their appeal into the court system. A capable attorney could learn where an applicant’s immigration status currently stands to direct them toward the next steps they should take.

Call a Huntsville Inadmissibility Attorney to Discuss Your Legal Options