What To Do If You've Been Denied Entry into the US
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In the realm of immigration, the United States holds a significant place as a hub of opportunity and hope for countless individuals around the world. However, behind its welcoming doors lies a complex immigration system that determines who is granted entry and who is denied. For many hopeful immigrants, the reality of being denied entry into the United States due to immigration reasons can be a disheartening and transformative experience. Whether it is due to visa issues, incomplete documentation, or failing to meet specific eligibility criteria, the denial of entry embodies a moment of profound disappointment and uncertainty, forever altering the dreams of hopeful immigrants!
Related Article: What Happens When You’re Denied Entry to the US at the Airport?
Reasons You Could Be Inadmissible to the US
If you have been refused entry to the US, it is likely because you are subject to one of the many grounds for inadmissibility listed under the Immigration and Nationality Act. These include if you:
- have a communicable disease
- have a physical or mental disorder that makes you harmful to others
- are a drug abuser
- have been convicted of specific crimes
- were previously removed or deported from the US
- have violated immigration laws or committed immigration fraud
- deemed as a “public charge”
The good news is even if you have attempted to enter the US, and you have been denied entry, there might still be an opportunity for you to enter the country.
What is a Public Charge?
A public charge is “an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period.” Public assistance can come from nine programs, including Medicaid, public housing, and food stamps.
February 24, 2020, the Inadmissibility on Public Charge Grounds was implemented in all states, including Illinois as the Final Rule
What To Do If You've Been Denied Entry into the US
One recourse is to file an appeal with the appropriate immigration authorities. This typically involves submitting a formal appeal letter outlining the reasons for disagreement with the decision and providing any additional supporting evidence or documentation. Another avenue is to request a review from the Board of Immigration Appeals (BIA), an administrative body that hears appeals on immigration matters. The BIA reviews the case, considers the arguments presented, and makes a determination based on the merits of the appeal.
How To Appeal a US Visa Refusal?
Step 1: Understand the grounds of inadmissibility
Determine the specific reasons cited for your inadmissibility, as stated by the US immigration authorities. These grounds may include criminal convictions, health-related issues, immigration violations, previous visa overstays, or other factors.
Step 2: Gather evidence
Collect all relevant documentation and evidence that support your case and challenge the reasons for your inadmissibility. This may include medical records, character references, employment records, or any other evidence that demonstrates your eligibility and rebuttal to the grounds of inadmissibility.
Step 3: Consult an immigration professional
It is highly advisable to seek legal counsel from an experienced immigration attorney who specializes in appeals. They can provide guidance on the specific procedures, requirements, and strategies to increase your chances of success.
Step 4: File a Notice of Appeal
Prepare and file a Notice of Appeal with the appropriate immigration agency or court that issued the inadmissibility decision. This typically involves submitting a formal written appeal letter along with supporting documents within the specified timeframe, usually within 30 days of the decision.
Step 5: Request a hearing
If your appeal is accepted, you may have the opportunity to present your case at a hearing before an immigration judge. This gives you the chance to present your arguments, provide additional evidence, and challenge the grounds of inadmissibility.
Step 6: Prepare for the hearing
Work closely with your attorney to prepare a strong case for the hearing. This involves crafting persuasive arguments, organizing evidence, and potentially bringing witnesses who can testify on your behalf.
Step 7: Attend the hearing
On the scheduled date, attend the hearing with your attorney. Present your case and respond to any questions or challenges from the immigration judge.
Step 8: Await the decision
After the hearing, the judge will review the evidence and arguments presented. They will then issue a decision either granting your appeal and overturning the inadmissibility determination or upholding the original decision. The timeframe for receiving the decision varies and can take several months.
Step 9: Explore further legal options
If your appeal is unsuccessful, consult your attorney to explore any additional legal avenues, such as filing a motion to reopen or reconsider, or pursuing a different immigration pathway that may overcome the grounds of inadmissibility.
Why Seeking Professional Immigration Help is Important
When faced with the daunting situation of being denied entry into the United States, seeking professional immigration help becomes crucial. The appeal process can be complex and the stakes involved need the expertise. Professionals can assess the reasons for your denial, identify potential legal strategies, help gather the necessary evidence, and skillfully present your arguments before immigration authorities or courts. Their knowledge and experience significantly increase the likelihood of a successful appeal, offering a renewed opportunity to pursue your dreams in the United States.
VisaPlace is here to help you navigate the complex path to overcoming your immigration obstacles. With a team of experienced immigration professional, VisaPlace offers guidance and expertise to individuals like you who have been denied entry into the United States.