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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Consular processing is when an individual applies for an immigrant visa (green card) at a U.S. embassy or consulate in their home country or country of residence, allowing them to immigrate to the United States. It is one of the two primary paths for obtaining lawful permanent resident status. The other is an adjustment of status within the U.S.

At Kasturi Law, LLC, our immigration and nationality law attorney and law firm founder, Shobhana Kasturi, has over 27 years of legal experience and a decade of experience representing individuals and families throughout Illinois, including applicants facing inadmissibility based on various legal grounds when applying for a visa or green card through consular processing.

Addressing Inadmissibility

Here, we discuss these grounds and what they mean to our clients.

What are the Legal Grounds for Inadmissibility During Immigration Consular Processing?

These grounds of inadmissibility can be divided into several categories, each requiring specific strategies for overcoming them.

They include:

  • Criminal Grounds

Certain criminal convictions, including crimes involving moral turpitude (CIMT), drug offenses, and violent crimes, can result in inadmissibility. Depending on the crime, a waiver of inadmissibility may be available. To qualify for a waiver, the applicant must demonstrate rehabilitation and hardship to a U.S. citizen or lawful permanent resident family member.

  • Health-Related Grounds

Applicants can be deemed inadmissible for communicable diseases, mental health disorders that pose a risk to others, and lack of required vaccinations. Health waivers are available for specific medical conditions. For example, applicants with tuberculosis may need to undergo treatment before being cleared. Vaccination requirements can often be met by providing proof of vaccination or getting vaccinated during the medical exam.

  • Immigration Violations

Prior immigration violations, such as unlawful presence in the U.S., misrepresentation, fraud, or previous deportations, can result in inadmissibility. Waivers are available, typically requiring showing that refusal of admission would result in extreme hardship to a qualifying U.S. relative.

  • Public Charge

Applicants may be considered inadmissible if they are likely to become a public charge, meaning they would rely on government assistance. This can be overcome by providing evidence of sufficient financial resources or a strong Affidavit of Support (Form I-864) from a U.S. sponsor, proving the applicant will not become reliant on public assistance.

  • Security-Related Grounds

Terrorism-related activities, espionage, and involvement with organizations considered threats to U.S. national security can lead to inadmissibility. Overcoming security-related inadmissibility is usually difficult. However, waivers may be available under very limited circumstances, especially if the activities were minor or unintentional.

  • Fraud and Misrepresentation

Providing false information or using fraudulent documents during the visa application results in automatic inadmissibility. A waiver may be available for fraud or misrepresentation if the applicant can prove that the visa denial would cause extreme hardship to a U.S. citizen or lawful permanent resident relative.

  • Unlawful Presence

Spending more than 180 days in the U.S. without lawful status and then departing can trigger a three-year or ten-year bar from reentry. If the applicant demonstrates extreme hardship to a U.S. citizen, lawful permanent resident spouse, or parent, they can apply for a waiver (Form I-601A).

  • Drug-Related Grounds

Drug-related offenses, including use, possession, or trafficking, can lead to permanent inadmissibility. Some applicants may qualify for a waiver of inadmissibility for simple possession of marijuana (if the amount was less than 30 grams). Rehabilitation and the passage of time may also support a waiver application.

  • Previous Deportations

Individuals deported and attempting to return to the U.S. before the required waiting period may face inadmissibility. If they can show that their readmission would be in the national interest or beneficial to their U.S. family members, they can apply for permission to reapply for admission (Form I-212).

  • Moral Grounds

Certain behaviors that are considered a violation of societal norms, such as polygamy or human trafficking, can result in inadmissibility. These grounds are difficult to overcome, but waivers are sometimes available for minor offenses if the applicant can demonstrate good moral character and substantial rehabilitation.

While there are many grounds for inadmissibility in consular processing, many have corresponding waivers or remedies. The key to overcoming inadmissibility is demonstrating eligibility for a waiver, providing substantial evidence of rehabilitation or hardship, and working closely with an experienced immigration attorney. We can help.

Contact Our Immigration Attorney Today at Kasturi Law, LLC

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently. Your needs are our priority.