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Herndon Waivers of Inadmissibility Attorney

Overcoming Immigration Obstacles in Fairfax County

The path to immigration to the United States can be complex. People who are applying for visas or Green Cards may face a number of obstacles, and in some cases, they may be determined to be inadmissible to the U.S. by immigration officials. However, inadmissibility does not necessarily mean the end of someone's immigration journey. Waivers of inadmissibility may be available for some immigrants, and by demonstrating that there are valid reasons for them to enter or remain in the United States, they may be able to maintain a legal status where they can live alongside their family members and secure employment.

There are a variety of legal factors that can affect an immigrant's admissibility and their ability to qualify for waivers. At The Law Firm of Ruiz Dougherty, PLLC, our dedicated immigration lawyers understand the laws that apply in these situations and the steps that immigrants can take to overcome the legal obstacles they may encounter. We can ensure that applications for Waivers of Inadmissibility are prepared and submitted correctly along with any supporting documentation, and we will work to ensure that immigrants will be able to achieve their goals of resettling in the United States.

Reasons for Inadmissibility

There are a variety of different factors that can render a person inadmissible to the United States. Inadmissibility may limit an immigrant's ability to receive a visa, Green Card, or other immigration benefits. Some common issues that can lead to inadmissibility include:

  • Health concerns: If a medical examination shows that an immigrant has an infectious disease, or if they have not met the applicable vaccination requirements, they may not be permitted to enter the United States. Other health issues that could lead to inadmissibility include mental health disorders or substance abuse issues that could potentially put others at risk of harm.
  • Criminal convictions: People who have been convicted of certain types of crimes may be inadmissible. These include "crimes of moral turpitude," which are offenses that may be shocking or depraved, as well as drug trafficking, prostitution, human trafficking, money laundering, and violent felonies. While more serious crimes are more likely to lead to inadmissibility, anyone who has been convicted of at least two offenses and received a total sentence of at least five years in prison will also be inadmissible.
  • Security concerns: If a person is suspected of being involved in espionage, terrorism, or other activities that could threaten the national security of the United States, they may be deemed inadmissible.
  • Public charge: If it is likely that a person will become dependent on government assistance in order to provide for the ongoing needs of themselves and their family, they may not be permitted to immigrate to the U.S.
  • Unlawful presence or previous deportations: Entering or remaining in the United States illegally will cause a person to be considered inadmissible. Other violations of immigration laws, such as falsely claiming U.S. citizenship or assisting in smuggling people into the United States, will also lead to inadmissibility. A person who has been deported in the past will usually be barred from reentry for several years.

Waivers of Inadmissibility

Certain immigrants may be eligible for waivers that will allow them to apply for visas or Green Cards even if they have been deemed inadmissible. When applying for Waivers of Inadmissibility, an immigrant will typically need to demonstrate that denial of a visa or Green Card would cause extreme hardship for a family member who is a U.S. citizen or lawful permanent resident. Extreme hardship is evaluated based on factors such as family ties in the United States and other countries, the health conditions of family members, the financial impact that departure from the U.S. would have on family members, whether family members have language barriers or other issues that may affect them if they left the United States, and conditions that may affect a family's health and safety in another country.

When applying for a waiver, a person must provide comprehensive documentation that supports their case, which may include:

  • Evidence of their relationship to a U.S. citizen or permanent resident.
  • Medical documentation showing a family member's health condition and the need for the applicant's presence in the United States.
  • Financial documents demonstrating the economic impact the applicant's absence would have on their family.
  • Statements detailing the psychological impact and emotional distress that separation would cause.

Contact Our Herndon, VA Immigration Attorneys

If you are facing issues related to inadmissibility during the immigration process, The Law Firm of Ruiz Dougherty, PLLC can help you evaluate your eligibility for a Waiver of Inadmissibility. We will work with you to prepare and submit the required information and demonstrate that you deserve to enter or remain in the United States. Our attorneys have extensive experience in immigration law, and we are committed to providing compassionate and effective representation to help you overcome the challenges you may face. To set up a free consultation, contact us at 571-441-2233.

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