Denied U.S. Visa or Entry

 

With the tightening of the U.S. border policies, it becomes easier for people to be denied a U.S. visa or entry. If this is unfortunately your case, do not panic.

The first step after the refusal is to keep cool. Do not argue with the U.S. border officer or visa officer, and do not say what they do not ask. What you said and how you behaved may make it harder for you to re-apply, or may even lead to some serious consequence.

Next, try find out the reason of your refusal. Sometimes a simple miscommunication or misunderstanding may cause the refusal, and sometimes there may be more serious conditions that need to be corrected. No matter what the reason is, you should consider consulting a competent immigration lawyer in order to help you go through the process.

If your refusal is caused by simple miscommunication or misunderstanding, we may help you present your case and persuade the U.S. authority why you should be granted a visa or be admitted to the U.S. Many applicants, however, may be subject to one or more of the many grounds of inadmissibility listed under Immigration and Nationality Act, such as misrepresentation, criminality and health issues. In this situation, you will need to apply for an appropriate waiver.

 

U.S. Waivers for Criminality

A person is criminally inadmissible to the U.S. if he or she is involved in “crimes of moral turpitude” (CMT). Crimes of moral turpitude cover a large spectrum of offences, ranging from common assault to drug offences. However, people who committed only some petty offences may be exempted.

Most people who are criminally inadmissible to the U.S. may apply for a waiver of inadmissibility. In deciding whether to issue a waiver, the U.S. immigration authority will consider such factors as the seriousness of the offence(s), the purpose of the applicant’s visit, and the potential risk to U.S. society and security if the foreign national is admitted. If the waiver is granted, the applicant may enter the U.S. despite his or her criminality within the waiver’s valid period, ranging typically between 1 and 5 years.

The U.S. waiver application requires careful preparation and specialized knowledge in criminal law and U.S. immigration law. After the application is filed, it may take several months to complete the process.

If you need a U.S. waiver, contact us for a consultation on how you should proceed.

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