Tri Cities Immigration Attorneys
(509) 822-5297

 

ADMISSION AND EXCLUSION TO THE UNITED STATES

Our Tri Cities immigration attorneys assists individuals to acquire admission to the United States as “permanent or conditional” residents of the United States. In order to aid and handle in this process, a person seeking adjustment of status must first be “admitted” to the United States. Admission is a legal term, which we must study closely.

Admission

 

The definition of “admission” is found in Title 8 section 101 (a) (1312) of the Immigration and Naturalization Act. Admission is the lawful entry of a person into the United States after inspection and authorization from an immigration officer. Therefore, a substantial element our Tri Cities immigration attorneys must show is “inspection.” The conclusive evidence of inspection is “form I-94” Arrival or Departure record.

 

If an individual, who is not a United States citizen, cannot show record of inspection, that individual is not “inspected” and not “admitted” to the United States. Our Tri Cities immigration attorneys focus on first showing the evidence that such inspection exists and thus and admission can be shown. This is one of the first steps to acquiring residency to the Untied States.  

 

It is very important to note that “entry” prior 1996 had a different definition. Inspections and official admissions were not part of that definition, thus our Tri Cities immigration attorneys must determine how an individual enter the United States.

 

Six Basic Grounds of Inadmissibility

 

There are six basic grounds of inadmissibility where a non US citizen person would be denied admission into the United States. The basic grounds of inadmissibility, seeks to protect the American public from perceived danger. It protects the American workers from aliens coming into the United States.

Six Basic Categories of Inadmissibility

Economic
Political
Health
Criminal
Quasi Criminal
Miscellaneous Catchall Category.

Economic Inadmissibility
With regards to economic inadmissibility, the purpose of the restraint of economic inadmissibility is to prevent non US citizens and non-legal permanent residents from becoming public charges within the United States.

 

• A Public Charge encompasses different points.

 

• Thus means Depending on the government to sponsor the person to the United States. E.g. the welfare system.
• The government wants the person’s to stand on their own. They don’t want to underwrite the person’s stay in the United States.

 

• The basic theory is to protect the United States from person seeking certain public benefits. Technically, adjudicators are looking to see if they will end up looking for a means tested income benefits.

The vehicle that the government uses in immigrant situation is the affidavit of support. In a family based immigrant situation, the affidavit of support to shift the burden of responsibility should an immigrant need financial assistance from the government to an individual other than the person.

What the affidavit of support says is that should the person need certain means tested income benefits under certain conditions the individual provided in the affidavit of support will take on the responsibility of guaranteeing to the government that they will be responsible for any of those funds.

It is an enforceable contract and the government can seek redress against the affiant in the court of law.

To contact one of our Tri Cities immigration attorneys please click here or call: