What is Inadmissibility for U.S. Immigration Visas & Green Cards
Certain issues can prevent a person from entering the United States. This is called "Inadmissibility." In this video, I review typical Inadmissibility issues that can prevent a person from being able to be admitted into the United State or able to get a Green Card.
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Hi, I'm John Khosravi, managing attorney of JQK Law
Firm, helping immigrants from all over the world come to live
life in the United States and work.
Today,
we're going to talk about a major issue that affects all
immigrants, not just Marriage Green Card holders or applicants
that I normally deal with. And this is the issue of Inadmissibility.
This is the requirement that a person have a clear background
and approval background before being able to enter the United
States, hence Inadmissibility or Admissibility - the permission
to come in.
It's a long complicated subject that has
books written about it.
But today we're going to go over some big ones that usually
get people so you can be aware of them and some smaller ones.
But definitely consult with an immigration lawyer in private for
more information about this and more.
All right.
Well, thank you for joining us.
Today,
we're going to discuss INA 212 or 8 USC 1182,
Statute for Inadmissibility - the inability of someone to enter the
United States for some background kinds of issues.
So what issues typically pop up that are problematic for
people in this sphere? As you can imagine,
one of the biggest ones is criminal history.
If a person has been to prison before - for example, has dealt
with drugs, sold them, used them, and then getting caught and got all sorts
of criminal violations.
That could be a reason
that could prevent the foreign person from coming
to the United States. Now, there's formulas about how this happens
and they have a thing called Crime of Moral Turpitude
to see whether this is a crime that's too bad or too low,
and that has to do with how much prison time was given or
if you had multiple crimes. That's a different issue on itself.
I'm not going to go more into it on that, too, because it's a complex
issue. But the only recommendation is if you do have any
arrest history even, consult with an attorney to see how that
could affect your Immigration process. Because it's a very serious
issue that can be problematic.
There are some waivers that do exist - forgiveness for some
types of cases that can help you.
So that option does exist. It's not all bad.
But it's something you definitely need to consult an attorney with, and you
should have your original or certified records of arrests
or court records if that happens and also get a police certificate
or police report from the country or countries you've been
in to give a better idea for the lawyer to be able to properly
review your background.
So that's one of the major ones that pops up - it's criminal history
for people that have Immigration issues. However, another issue
that pops up a lot is people that have Immigration violations -
for example, entering the United States illegally without
permission or overstaying a Visa. That could be a reason that
could prevent someone from getting status or being Inadmissible
and could require them to leave and be outside for maybe
3 years, 10 years, or longer. Or ask for a waiver of
forgiveness to be able to re-enter the United States.
So if you have had times where you entered the US unlawfully
or had spent time without permission in the United States
and had status
violations in the past, that could be a reason that can prevent
you from getting a Green Card or status. Or if you're in the
United States, get a Green Card requiring to go to the US
Embassy get a Green Card. As you can tell, it gets complicated.
But that's another reason why you should consult with an
attorney, is if you have Immigration violations. So there's criminal
violations, then there's Immigration violations that are
very serious, that pop up lot in Immigration cases