ADMISSIBILITY

ADMISSIBILITY

The U.S. government analyzes backgrounds of those applying for immigration benefits (temporary visa and/or immigrant visas) to determine if there are issues in any of these areas before 'admitting' the applicacant entry into the U.S.

Our office has made application for waivers of many issues of inadmissibilities for our clients and clients from other offices that come for our help. We've been pleased that so many have been authorized to enter the U.S.

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RECENT NEW & REMANDS

Admissibility . TERRORIST ORGANIZATION . REMAND . Damdami Taksal . INDIA . No evidence of violence . The Damdami Taksal was found to have taken over a temple in 1986, but no mention of a violent take over. One of its members had been violent before the time that the Respondent had given aid, but that member had died before the aid was given. Determination that the group is a terrorist group barring adjustment of status for aid given is remanded. [Singh, W.D. Wash September 28, 2010]

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ISSUES OF ELIGIBILITY

These are the general categories analyzed for issues of admissibility. There are waivers available for many issues presented here, though not for all of them.

1. CERTAIN COMMUNICABLE DISEASES

WAIVERS AVAILABLE UNDER CERTAIN CIRCUMSTANCES FOR THOSE WITH

communicable diseases,
lacking vaccinationns,
physical or mental disorders.

NO WAIVERS FOR DRUG ABUSERS/ADDICTS

2. PAST CRIMINAL ACTIVITY

WAIVERS AVAILABLE UNDER CERTAIN CIRCUMSTANCES FOR THOSE WITH

crimes involving moral turpitude
multiple convictions
prostitution
asserted immunity
membership in totalitarian party (except Nazi Party)

NO WAIVERS FOR NAZI PARTY MEMBERSHIP, CONTROLLED SUBSTANCE ABUSES, SPYING, OVERTHROWING THE GOVERNMENT, TERRORISTS, OR OTHER SECURITY AND FOREIGN POLICY CONCERNS.

3. SECURITY-RELATED ISSUES/TERRORIST ACTIVITY

GENERALLY, NO WAIVERS AVAILABLE

4. PUBLIC CHARGE (likelihood the applicant will go on public assistance)

WAIVERS AVAILABLE UNDER CERTAIN CIRCUMSTANCES

5. LABOR CERTIFICATION (showing that no US qualified workers are available for the job)

NOT REQUIRED FOR ALL FOREIGN WORKERS, EXCEPTIONS FOR INVESTORS, THOSE WITH EXCEPTIONAL ABILITIES, MULTINATIONAL EXECUTIVES AND OTHERS

6. PAST FRAUD (incidents of lying to the government)

WAIVERS AVAILABLE UNDER CERTAIN CIRCUMSTANCES

7. INSUFFICIENT DOCUMENTATION (lack of valid visa, etc.)

WAIVERS AVAILABLE UNDER CERTAIN CIRCUMSTANCES FOR THOSE

abused by citizen spouses or parents
making asylum claims
applying for cancellation of removal
were petitioned before April 30, 2001

8. INELIGIBLE FOR CITIZENSHIP (evading military service, taxes, etc.)

WAIVER FOR THOSE WHO CLAIMED U.S. CITIZENSHIP BEFORE 1997

9. OVERSTAY // VIOLATIONS OF PAST VISA STATUS

WAIVERS AVAILABLE FOR THOSE WITH US CITIZEN FAMILIES ("immediate relatives") UNDER CERTAIN CONDITIONS

10. MISCELLANEOUS ISSUES (such as more than one spouse, guardianship issues, etc.)

THESE ARE GENERAL CATEGORIES . EACH CASE IS SPECIFIC . CONSULT AN ATTORNEY

For more information, contact 619.865.3232