Due to increased border security and scrutiny, the instances of being denied entry to the USA have also increased. If you have been denied, this can be incredibly frustrating and a major inconvenience when you have coordinated your life’s plans to enter the US. However, there still may be an opportunity for you to be admitted into the States.
The first thing you need to do is contact an immigration lawyer who can determine exactly why you were denied entry and what your options are. Niren & Associates has over 15 years experience assisting foreigners who have been refused admittance, and we look into each unique case to figure out how to reverse the immigration officer’s decision.
I would like to give thanks to you with regard to helping me with my waiver application to enter the USA. I’d been trying without results for several years until I came across your organization. – Myra C.
Criminal Inadmissibility Exception Qualifications for Refused Entry Cases
If you have a criminal past, it may be grounds for inadmissibility to the US. However, you may qualify as an exception.
Basically, criminal inadmissibility involves “crimes of moral turpitude” (CMT). Crimes of moral turpitude relate to conduct that is inherently base, vile, or depraved, contrary to social standards of morality and done with a reckless, malicious, or evil intent. Crimes of moral turpitude cover a large spectrum of offences from common assault to drug offences.
However there are certain important exemptions:
1. The ground does not apply where the alien has committed only one crime of moral turpitude, the crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States.
2. The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied.
The aforementioned exemptions are collectively known as the “petty offence exception”. Many people have been wrongfully denied entry to the US due to criminality that falls under the petty offence exception. We will investigate your background to determine if, despite the fact that you may have committed a CMT, you nevertheless are admissible to the US.
Qualifications of Waivers of Inadmissibility for Refused entry to the US
If you do not qualify for a Criminal Inadmissibility exception, you may be eligible for a waiver of inadmissibility.
According to the Immigration and Nationality Act (INA), an alien who is excludable other than for security and related grounds (with the exception of export violations), foreign policy grounds or participation in Nazi persecution or genocide is eligible for admission as a nonimmigrant on a temporary basis despite his or her inadmissibility.
The Board of Immigration Appeals has outlined the criteria for an application for a waiver of inadmissibility:
- The risk of harm to society if the applicant is admitted;
- The seriousness of the applicant’s prior violation(s) of immigration or criminal law, if any; and
- The nature of the applicant’s reasons for seeking entry.
Waivers of inadmissibility are currently valid for a period of 5 years but could be issued for a lesser period at the discretion of the immigration officer. If the waiver is granted, the applicant can enter the US despite his or her criminality and is required to display the waiver for each and every entry during the currency of the waiver.
For Canadians, the procedure for applying for a non immigrant waiver involves:
- first obtaining an RCMP certificate as well as local court records of the offense in question
- a personal statement from the applicant concerning the circumstances surrounding the offense has to be prepared
- two application forms, an I-192, Application for Advance Permission to Enter as a Nonimmigrant and a G-325A Biographic Information must also be completed
- supporting documentation including information relating to ties to Canada such as the applicant’s family in Canada, employment, and assets
- 3 character references (recommended)
- a drug test and provide a letter of clean record from a physician, if you’ve been convicted of a narcotics offense
Once the application package is ready for submission, you must attend at a designated port of entry to apply in person and pay the application fee. Fingerprints will be taken during this process.
Processing time for waivers ranges from 6 to 9 months and the results are mailed to the applicant. If the application is denied, the applicant has 30 calendar days to file an appeal to the Board of Immigration Appeals or the Administrative Appeals Unit. The current processing fee is $110.00USD for such appeals.
Let Our Chicago Immigration Lawyers Advise You Through The Complicated Legalities
While there may be a possibility to overcome a denied entry to the US, the process can be rather overwhelming. We are comfortable handling these legal procedures as this is what we practice every day. Once you contact us for help, we will guide you through every step of the process, ensuring that all the necessary aspects are addressed and performed properly.