Integrity Legal

Posts Tagged ‘legal grounds of inadmissibility’

8th December 2010

For those who frequently read this web log will undoubtedly note that a frequent topic discussed within these pages is Comprehensive Immigration Reform. In a recent document promulgated by the Congressional Research Service and distributed by the American Immigration Lawyers Association (AILA), the matter of legal inadmissibility was discussed in the context of Comprehensive Immigration Reform. The following is a direct quotation from the document published by the Congressional Research Service (CRS) and distributed by AILA:

Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals that were enacted in the 1990s. All foreign nationals seeking visas must undergo admissibility reviews performed by U.S. Department of State (DOS) consular officers abroad. These reviews are intended to ensure that they are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA. These criteria are: health related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; ineligible for citizenship; and, aliens previously removed. Over the past year, Congress incrementally revised the grounds for inadmissibility. Two laws enacted in the 110th Congress altered longstanding policies on exclusion of aliens due to membership in organizations deemed terrorist.

Terrorism has been a key concern for American government officials across the entire spectrum of agencies associated with Immigration and travel to the United States. Public health and safety are also significant issues for American Immigration and Consular Officers. To quote the aforementioned publication further:

The 110th Congress also revisited the health-related grounds of inadmissibility for those who were diagnosed with HIV/AIDS. More recently, the “H1N1 swine flu” outbreak focused the spotlight on inadmissibility screenings at the border. Questions about the public charge ground of inadmissibility arose in the context of Medicaid and the state Children’s Health Insurance Program (CHIP) in the 111th Congress.

Influenza has been concerning to many health officials in recent years. However, for many the removal of HIV/AIDS from the list of diseases which can result in a finding of inadmissibility was a relief as many individuals who were previously inadmissible to the USA may have immediately become admissible after HIV/AIDS was no longer a legal grounds for finding someone inadmissible to the USA. This issue was especially acute in the LGBT community as HIV and AIDS issues seem to have a disproportionate impact upon individuals and couples within that community. The report went on to note that issues pertaining to legal inadmissibility are likely to be discussed in the context of proposed Comprehensive Immigration Reform legislation:

While advocacy of sweeping changes to the grounds for inadmissibility has not emerged, proponents of comprehensive immigration reform might seek to ease a few of these provisions as part of the legislative proposals. The provision that makes an alien who is unlawfully present in the United States for longer than 180 days inadmissible, for example, might be waived as part of a legislative package that includes legalization provisions. Tightening up the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.

Many people are found inadmissible to the United States every year. Among those found inadmissible are those who are unable to seek a remedy in the form of either an I-601 waiver or an I-212 waiver application for advance permission to reenter the USA. Individuals who have been found inadmissible and cannot seek a waiver are colloquially referred to as being unwaivably excluded from the United States. Bearing this in mind, many findings of legal inadmissibility can be remedied through use of a waiver. That said, the waiver process and the standard of proof for obtaining a waiver can be difficult to overcome. For this reason, many bi-national couples opt to utilize the services of an American immigration attorney to assist in matters related to United States Immigration. It is always prudent to ask for the credentials of anyone claiming expertise in United States Immigration law as only a licensed American attorney is permitted to provide advice, counsel, and representation in pending matters before the United States Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), and the American State Department.

For related information please see: US Visa Denial.

more Comments: 04

3rd September 2010

Those who read this blog on a regular basis may have noticed that the administration routinely posts information about efforts by various law enforcement authorities to discourage human trafficking. Unfortunately, as the world becomes increasingly integrated due to globalization the instances of human trafficking seem to be rising. This apparent increase could be due to the fact that there are more media outlets covering this issue, but this author believes in giving credit where credit is due and many of those apprehended by American authorities were caught thanks to the diligent efforts of American and international law enforcement agencies and organizations.

To quote a recent story from the Associated Press that this author found distributed on the internet by Google:

HONOLULU — Six recruiters were accused Thursday of luring 400 laborers from Thailand to the United States and forcing them to work, according to a federal indictment that the FBI called the largest human-trafficking case ever charged in U.S. history.

The indictment alleges that the scheme was orchestrated by four employees of labor recruiting company Global Horizons Manpower Inc. and two Thailand-based recruiters. It said the recruiters lured the workers with false promises of lucrative jobs, then confiscated their passports, failed to honor their employment contracts and threatened to deport them.

Once the Thai laborers arrived in the United States starting in May 2004, they were put to work and have since been sent to sites in states including Hawaii, Washington, California, Colorado, Florida, Kentucky, Massachusetts, New York, Ohio, South Carolina, Tennessee, Texas and Utah, according to attorneys and advocates.

Many laborers were initially taken to farms in Hawaii and Washington, where work conditions were the worst, said Chancee Martorell, executive director for the Los Angeles-based Thai Community Development Center, which represents 263 Thai workers who were brought to the U.S. by Global Horizons.

A woman who answered the phone at Global Horizons’ Los Angeles office refused to take a message seeking comment Thursday.

The six defendants include Global Horizons President and CEO Mordechai Orian, 45; Director of International Relations Pranee Tubchumpol, 44; Hawaii regional supervisor Shane Germann, 41; and onsite field supervisor Sam Wongsesanit, 39. The Thailand recruiters were identified as Ratawan Chunharutai and Podjanee Sinchai.

They face maximum sentences ranging from five years to 70 years in prison, according to the Department of Justice.

The penalties imposed upon those who engage in human trafficking activities can be severe. This is likely due to the fact that this activity often leads to many negative results as noted in the story above. Many of those who are smuggled from one country to another are forced to work under inhumane conditions that are considered to be illegal in many jurisdictions.

This author is pleased to see public resources being expended upon truly worthy law enforcement programs such as this. Thwarting the activities of human traffickers should definitely be a top priority for international law enforcement agents. Hopefully, arrests such as those noted above will discourage and deter individuals in the future as such activity has an extremely detrimental impact upon society as a whole.

It should also be noted that human trafficking is considered by US Immigration authorities to be a legal grounds of inadmissibility. Therefore a finding by a Consular Officer that an individual previously engaged in human trafficking may lead to visa denial in a pending immigration petition or application. Furthermore, this ground of inadmissibility is unlikely to be remedied through use of an I-601 waiver.

For related information please see: US Visa Thailand.

more Comments: 04

2nd July 2009

A Legal Ground of Inadmissibility is a provision created by Congress that bars certain immigrants from entering the United States of America. If a prospective immigrant is found to have certain types of communicable disease then they will be barred from entering the United States without first obtaining a Waiver of Inadmissibility.

Waivers of inadmissibility for those infected with Human immunodeficiency virus (HIV) are different than some other legal grounds of inadmissibility because the burden of proof is not the same. In order to obtain a normal I-601 waiver of inadmissibility in most cases the US Citizen or lawful permanent resident petitioner must show that failure to grant the waiver would result in an “extreme hardship,” for him or her. In the case of an HIV waiver, a showing of “extreme hardship” is unnecessary. Instead, one must show that the immigrant with HIV will not become a ward of the United States. Much like the I-864 affidavit of support for Immigrant visas or the I-134 affidavit of support for a fiance visa, the petitioner must show that the beneficiary will not become a “public charge.”

Recently, President Obama has made it clear that he intends to put the wheels in motion to have legislation passed that would repeal the provisions making those with HIV inadmissible to the United States. Obama was recently quoted as saying,

“The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus… My administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step towards ending this policy.”

Obama has made many recent statements regarding Comprehensive Immigration Reform and the Defense of Marriage Act. If Obama fulfills his campaign promises regarding these issues it will have tremendous ramifications on United States Immigration law. The push to have HIV taken off of the list of communicable disease has its opponents, but it is probable that legislation that would allow those with HIV to enter the USA, without a waiver, will be passed sometime in the next one to two years.

For more information about US Family Visas from Thailand Please see: US Immigration lawyer Thailand or K-1 visa

(Nothing contined herein should be mistaken for legal advice as it is intended for the purpose of education only. No lawyer-client relationship is to be implied to exist between the author and any reader of this posting.)

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.