How To Confront Admissibility Issues In The Immigration Process

Whether the U.S. will even admit someone into the country is a major issue for each person interested in immigrating. Admissibility issues can arise from criminal histories, sanctions, health problems, or immigration violations. Confronting claims of inadmissibility isn't a small task. Here is how an immigration lawyer will address questions of admissibility.

Consultation with the Client

The starting point is discussing with the client why there's an admissibility issue in the first place. When speaking with your immigration attorney, try to provide as much information as possible. If you have a previous criminal conviction, for example, tell your counsel what it was and how it happened.

However, don't speculate if you lack certain information. Even if you feel that the inadmissibility issue arose because of something questionable, such as political or social persecution, that's something your attorney can research. Briefly mention any potential concerns, but try to stick to what you can document.

Exploring Relief Options

Occasionally, the immigration system offers waivers or other forms of legal relief. For example, the State Department may have previously expressed concerns about the treatment of religious, social, economic, or political groups in a country. Someone might technically be inadmissible because their government persecuted them. An immigration lawyer would likely ask the U.S. government to provide a waiver for a person with a criminal conviction arising from persecution.


You may also need evidence to address the core question of why you're deemed inadmissible to the U.S. Suppose that your medical history indicates that you have a communicable disease of concern to American health officials. You may need to provide medical evidence that demonstrates successful treatment.

The approach is similar to other issues. Someone with a criminal history might need to provide proof that they've stayed out of trouble since their conviction. A person who previously committed an immigration violation might document that the statutory period for not re-entering the U.S. has passed.


Ideally, you should disclose any potential concerns on the appropriate forms during the application process. If you overlooked something, the best move is to contact your immigration attorney. They can determine if you might need to amend the application or withdraw it and re-apply.


Government agencies and courts may have questions about a person's admissibility. Stay in communication with your immigration lawyer. If you receive any notices or calls from U.S. officials, send copies to your attorney's law office as soon as possible. They can determine how you should respond. 

For more info, contact a local immigration attorney