12 Mar Reasons why DHS may deny your entry to the U.S.
By Atty. Crispin Caday Lozano
There are many reasons a person to be denied entry into the U.S. The most obvious reasons for denied entry include if a person has previously worked illegally in the U.S., is suspected of being an intended immigrant (i.e. planning on staying in the U.S. past the terms of their admission), or of having ties to terrorist or criminal organizations. But there are many more reasons for persons to be excluded from the U.S. Among them are having been found guilty of crimes of moral turpitude (child molestation, rape, fraud, theft, etc.), having been found guilty of a criminal offense (for instance murder or grand theft), having overstayed a previous visit to the U.S., or if the visitor is suspected of having an infectious disease.
In addition, tourist visitors to the U.S. are expected to have sufficient funds to support themselves while here – in order to ensure that they will not attempt to find employment in the U.S., which is a violation of the terms of the tourist visa.
Tourist visitors must also be able to demonstrate that they have significant ties to their resident country. This is to ensure that they are not coming to the U.S. with the intent to illegally stay here as an immigrant. In both of these cases, it is up to the visitor to be able to convince a Customs and Border Protection (CBP) Officer of their intention to abide by the terms of their visa. If the visitor does not appear to have the means to support themselves while here, any alternative arrangements – such as a sponsor who will be paying all expenses – should be clearly identified and be able to be substantiated by the CBP Officer.
It is also possible to contact the U.S. Embassy, Office of Consular Affairs in your resident country to request a waiver. The waiver essentially mitigates a legitimate reason to deny entry on the basis that the previous negative circumstance is no longer a significant concern. Likewise, many countries’ court system will issue a discharge or pardon (the legal term can vary) of a guilty finding if you have not offended again within a certain amount of time. Discharges or pardons may be considered by a CBP Officer to mitigate a reason to deny entry, although they do not guarantee it. As mentioned above, being convicted of some crimes will permanently bar the offender from entry into the U.S.
If you believe that you have been denied entry for no legitimate reason, you may submit a request for redress through the Department of Homeland Security’s Travelers Redress Inquiry Program. Please be sure to include all details, such as time and place of arrival, reason for denial of admission, and any evidence you have that you believe should have resulted in a decision to admit you into the U.S.
Note: This is not a legal advice.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org