Blog Post

There are so many questions and issues surrounding the admission process provisions. Admission is a lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer. A valid visa doesn't grant you an automatic admission; even with a valid visa, you can still be denied admission into the U.S. (i.e., you can be deemed inadmissible at a point of entry).

Deportable aliens are those who fall within INA 237(a). You are removable because you are deportable. There are multiple deportability grounds.

For instance, "an individual who without reasonable cause failed to attend, or remain in attendance at, a hearing to determine inadmissibility or deportability is ineligible for a visa for five years following their departure or removal from the United States, pursuant to INA 212(a)(6)(B)."

Simply put, if you fail to attend your removal hearing without reasonable cause, you are inadmissible for 5 years.

Even if the U.S. Customs and Border Protection mistakenly admits you (yes, in cases involving fraud), that can trigger 237.

However, we have 212(a)(9)(a)(iii) waiver, which the Attorney General can grant. And we also have the 212(d)(3)(A) waiver, which the Secretary of Homeland Security can grant to non-immigrants only.

Generally, we have two forms of relief from inadmissibility. If you are a spouse of a U.S. citizen/lawful permanent resident, for instance, the DHS can waive inadmissibility, pursuant to INA 212(a)(9)(B)(v). And, of course, we have the provisional waiver, too.

These waivers are necessary in order to reenter the U.S. Without a waiver, you might still be denied admission after the duration of the penalty. If you were previously removed from the U.S., or/and you voluntarily left the U.S., talk to a lawyer before embarking on another journey to the U.S. There are different rules for those were removed by the government versus those who voluntarily left the U.S. Equally, even if you are inadmissible or deportable from the U.S., INA § 240A allows relief for different classes of aliens/residents.

Wherever you are in your immigration journey, I will be happy to represent you. Time is of the essence. Even if you have a criminal issue, arising under crimmigration, there are ways to defend you. If you are in the process of removal, it is not the end. There are certain mitigating factors that can work in your favor. Don't sleep on your rights.

Every case is different. Contact the attorney in charge of The Law Office of Akintunde F Adeyemo, PLLC:

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Email address: info@akinalaw.com

The information in this article is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.