One of the most important initial issues is “Inadmissibility” Before any Applicant starts the process, it is vital to see whether s/he is subject to “Inadmissibility.” Essentially, this review reveals whether there is any statutory reason the Applicant would be prevented from coming into the U.S. Inadmissibility analysis is an essential part of what most attorneys must provide in any case. Although most cases may not have this issue, each case must be analyzed in detail.
The basic rules for Inadmissibility are in INA Section 212 (8 USC Section 1182) and can include grounds such as:
Criminal History (and certain drug charges for the Petitioner)
Security/Terrorism Related Issues
Economic Issues (Public Charge)
Illegal Entry and Other Immigration Violations
Foreign Policy Issues
Membership in Certain Groups such as the Communist Party
The Practice of Polygamy
Unlawful Voters and False Claim to Citizenship Issues
An additional issue was added under the Adam Walsh Act that created severe hurdles for Petitioners (not just the Applicant) if they have had minor-related sexual convictions. Each of these issues must be reviewed, but the most common ones are: - Previous Arrests or Convictions - Overstaying a current or previous Visa or Unlawful Entry into the U.S. - Prior Visa violations - Improper entry into the U.S. (unlawfully or without the proper Visa type) - Committing Fraud or Misrepresentation when trying to obtain an Immigration Benefit in the past. Any of these issues can derail the process; however, there are possible “Waivers” available that can help clear the issues. If any of these issues exist in your case, consult with an attorney.
Once you have prepared the case, you can begin the Petition/Application process.