How to Prevent Denial of Entry to the US

If you are caught up in a situation in New York where you are either refused entry to the United States or at risk of being detained at a US port of entry or border, you would most likely regret that you did not retain an immigration attorney who could have called a border officer or an immigration official to explain why you should be admitted to the country. 

Risk of refusing legal aid

There are times when, after entry denial, you may be detained for further investigation for which you may be unprepared. US immigration laws are highly complex that you may require an assistance of a licensed immigration attorney. If you proceed without further legal aid, you may incur delays or be forever barred from entering the United States.

Denial of entry happens a lot when you have inadmissibilities and you haven’t obtained a waiver.  If for instance you were convicted of a crime of moral turpitude regardless of the place of commission or conviction, this is a ground for refusal of entry, unless you can provide a proof or copy of the waiver of inadmissibility.


Waiver of Inadmissibility explained

The waiver of inadmissibility is required when you have a past criminal record or a medical issue. Generally, a waiver is issued for five years, but there are times when, at the discretion of an immigration official, it is granted for less than five years. If you have retained an immigration attorney, the latter may request on your behalf a proper period within which a waiver will last for your benefit.


What are the crimes of moral turpitude?

These are kinds of crimes that pertain to a human behavior with inherent wickedness and that transgress moral standards. These crimes are committed with malice and evil intent. The crimes of moral turpitude are normally associated with:

  • Traffickers of controlled Substances
  • Convictions of two or more offenses that reach at least five- year sentence combined
  • Taking part in prostitution
  • Participation in serious criminal pursuits by foreign nationals who laid claim to immunity from prosecution under Immigration and Nationality Act (INA)

The crimes of moral turpitude encompass a wide range of criminal offenses like assault and drug-related activities, however Immigration and Nationality Act (INA) made some exceptions.

Exemptions provided by INA

  1. The ground for inadmissibility will not apply if an alien has perpetrated only one offense of moral turpitude or that the offense was carried out when the perpetrator was a minor or under 18 years old. It will not also apply when an offense has been committed more than five years ago before the perpetrator applied for a visa or prior to the date of application for admission, provided that the foreign national was released from jail.
  2. When an applicant has committed only one offense for which the maximum penalty does not exceed one year imprisonment, and if the applicant was convicted of such crime, the period of imprisonment should not exceed six months.

Prior to your scheduled travel, if you have any criminal records or possess some medical impediments, you need to consult an immigration attorney who can act on your behalf to apply for a waiver of your inadmissibility.

Niren and Associates, a trusted immigration firm with offices in the United States and Canada can assist you with your immigration concern. You may call its skilled immigration attorneys at  (212) 810-2976 or send an email to [email protected] 

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.