Non-citizens, who want to come to the U.S. temporarily or live here permanently, not only have to show that they are eligible for a particular U.S. visa (or visa waiver) but they also have to show that they are not "inadmissible".
A non-citizen can be found inadmissible either before or after they receive their visa or, in some instances, even after they are already in the U.S. Once found inadmissible they could be refused entry at the border, denied a visa, or become subject to removal proceedings (if they are already in the U.S.).
Adjustment of status applicants must show that they are not inadmissible, even though they are already present in the U.S.
LPRs returning from abroad, after an absence that was 180 days or more, will face inadmissibility issues at a Port of Entry, just like a non-citizen without a green card.
Even when naturalizing (applying to become a U.S. citizen) an LPR's unresolved inadmissibility issues can have serious consequences.
In some cases, a non-citizen may be able to apply for a waiver of their inadmissibility in order to get a visa abroad, to enter the U.S., or to successfully prevent their removal from the U.S. In other cases, a non-citizen may be barred from entering the U.S. for a certain period of time. How long depends on why they are inadmissible. Also, most non-citizens will not be permitted to adjust status if they are inadmissible, although there are exceptions to this rule for certain humanitarian-based cases.
A non-citizen can be found inadmissible for a variety of reasons, most of which relate to one or more the following issues.
When working with clients, we actively listen for aspects of a non-citizen's personal history or case which could trigger an inadmissibility issue so we can effectively counsel and assist them through their individual immigration process. For more information, Contact Us for an initial consultation.