Days of smooth access to the United States are long gone. Nowadays, it is not that easy to travel there because of heavy border security. Due to increasing corona cases around the world, countries are prohibiting the entry of foreigners into their lands. Such is the case with the US. If an individual has COVID symptoms, he/she cannot travel to the US. However, if the individual is denied entry due to any other reason, it is recommended for him to consult the USA Immigration agents and get a brief analysis on his rejection.
Reasons for entry denial can be:
- The traveller has a mental or physical disorder which can cause harm to others.
- He/she holds criminal records.
- The individual is a committed drug abuser.
- He/she has previously violated immigration rules and regulation and was deported from the nation.
- The individual has a communicable disease which can lead to severe problems.
Lately, the US government has formulated some laws related to public charge as a mode for people to obtain the USA Green Card Visa and enter the nation without any casualties. One who receives the public charge is provided with public benefits for more than 12 months.
This is the most common reason for entry denial to the US. However, it does not mean that the individual cannot travel later. This basically includes those who have committed multiple crimes, specific crimes like drug trafficking or prostitution or are accused of committing crimes of moral turpitude. The moral turpitude tends to cover all sorts of felonies from small thefts to common assault to drug offences. Generally, it includes trafficking, prostitution, commercialised vices and others. Individuals convicted of more than 2 crimes with a jail sentence of 5 years also fall under this category.
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There are a lot of crimes and felonies that do not lead to entry denial to the US. Examples can be:
- The individual was below 18 years of age when he/she committed the crime.
- The punishment was for less than a year.
- The imprisonment lasted for less than 6 months.
- The felony was committed about 5 years before from the date of visa application.
Waiver validity and more:
If the individual has committed a crime but the crime falls under the list of exempted crimes, then he/she is granted a waiver. The individual can enter the US with the help of a waiver. The validity of a waiver is currently 5 years but it can be issued for a lesser time period.
Procedure for applying a waiver:
- Legal court papers of the offence must be assembled in an orderly manner.
- A personal statement must be prepared by the applicant regarding the situation of the offence.
- 2 application forms to be completed:-AN-192 for advance permission, and G-325A for biographic information.
- Other relative documents like employment papers, home and residential files etc. must also be collected.
It is recommended that if one is denied entry to the US, he/she takes the help of a legal expert. A legal expert can make things easier and also ensure that one is not illegally denied entry. Hence, it is important to investigate each and everything with meticulous care and attention.