Archive › Admissibility to the United States

Is lying to an officer at the border enough to make me inadmissible to the United States for life?

The answer to this question is a nuanced YES. Section 212 (a)(6)(C) states: (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. […]

Comments ( 0 )

Provisional Unlawful Presence Waiver of Inadmissibility

On January 2, 2013 Secretary of Homeland Security Janet Napolitano announced the posting of a final rule that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule […]

Comments ( 0 )

Can I Enter the United States While my Immigrant Visa Petition is Pending?

The answer to this question is a qualified yes.  If an I-130 petition has already been filed on your behalf,  the officer inspecting you at the U.S. border will be aware that you are an intending immigrant.  Because you are seeking entry as a visitor, there is a conflict between what your intention must be […]

Comments ( 0 )

Does a DUI Conviction Render an Alien Inadmissible to the United States?

A DUI (Driving Under the Influence) conviction does not render an applicant for entry to the United States (either immigrant or non-immigrant) inadmissible, as a DUI is NOT considered a Crime Involving Moral Turpitude under the Immigration and Nationality Act, Section 212(a)(2) relating to criminal acts. Only Crimes Involving Moral Turpitude or Drug-related charges will […]

Comments ( 0 )

Denied Entry to the United States for being an Intending Immigrant?

In my practice I consistently receive calls from people who have been denied entry to the United States.  They are generally denied entry for one of a few possible reasons.  The most common reason is that the applicant is suspected of being an intending immigrant but lacks an immigrant visa.  Being an intending immigrant without […]

Comments ( 0 )