When Can an Immigrant be Permanently Barred from the US?
In 1997, Congress passed a law that would punish those staying in the United States after their visa had expired or without proper documentation. Per this law, the United States could bar an individual from returning to the United States on a temporary or permanent basis. Temporary bans are three or ten-year periods, and during this period, you cannot apply for a visa or legally enter the United States. If, however, you have violated immigration laws severely, you could be permanently barred from the US ever again.
Grounds for Inadmissibility in the United States
When permanently barred, you are deemed inadmissible.
In rare cases, a person will be permanently barred from entering the United States. Even if you commit an offense that could result in a permanent ban, you may be eligible to file a waiver, which will overlook your inadmissibility issue and allow you to enter the United States.
Some instances that could permanently ban you from the country include:
- You are a carrier of a communicable disease, such as tuberculosis.
- You have a physical or mental condition that could harm American citizens.
- You are a diagnosed drug addict or abuser.
- You have been charged with terrorist acts.
- You have multiple criminal convictions in the United States or your resident country.
- You are likely to become reliant on government funding and assistance during your residency.
- You have violated an immigration law.
- You were arrested and convicted for prostitution.
- You have been convicted of a crime that involves moral turpitude.
- You were arrested for drug trafficking.
- You do not have the proper vaccinations to enter the United States and refuse to obtain those shots.
What are My Options if I Am Deemed Inadmissible?
If your application is denied and you are given permanent inadmissibility, you can still request permission through your immigration attorney to stay in the United States or re-enter.
Even holders of green cards can be determined as inadmissible. If that occurs, you might leave the country only to find you were deemed ineligible upon return. For example, you may be found ineligible if you have left the United States for an extended period and have committed a crime.
There are multiple ways an immigration attorney from Udall Shumway, PLC can help you with permanent inadmissibility issues. Contact an attorney now for a consultation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Permanently Barred from the US, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full-service law firm. We assist Individuals, families, businesses, schools, and municipalities in Mesa and the Phoenix/East Valley.