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Admission Defined

Experienced Immigration Lawyer in New Jersey

An individual can be charges as inadmissible and refused entry into the US. Admission is defined by INA 101 (a)(13)(A) as the lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer.

A lawful permanent resident (green card holder) who reenters the US after a trip abroad is not seeking a new admission unless he/she:

  • has abandoned or relinquished lawful permanent resident status;
  • been absent from the US for more than 180 days;
  • engaged in illegal activity after departing;
  • departed during removal proceedings;
  • committed an offense making him or her inadmissible under 212(a);
  • is attempting to enter at a place other than a point of entry;
  • has entered without inspection;
  • is adjusting status (according to the BIA).

Grounds of Inadmissibility to the U.S.

Applicants for visas are not eligible for admission into the U.S. if the immigration officer determined that the alien is inadmissible under INA 212 (a)(2) for the following reasons:

  • Health related such as communicable diseases, lack of vaccinations, physical and mental disorders and drug abusers (waivers are available);
  • security grounds for those who may be engaged in terrorism, have participated in torture or genocide such as former Nazi party members, were members of Communist or totalitarian parties or those engaged in any espionage or sabotage;
  • those likely to become public charges who do not have family members who can support them;
  • those coming to the US to work without an approved labor certification;
  • undocumented entry and immigration status violations such as fraud, misrepresentation or deceit;
  • lack of proper documentation upon entry;
  • failure to maintain foreign residence (waivers available);
  • false claim to U.S. citizenship;
  • those who have been previously ordered removed:
    • after first deportation cannot reenter for 5 years;
    • second deportation cannot reenter for 20 years
    • aggravated felony deportees are permanently barred from reentry;
  • unlawfully present for more than 180 days but less than 1 year are inadmissible for three years, more than 1 year inadmissible for 10 years.
  • miscellaneous grounds such as those practicing polygamy or child abductors;
  • an non-citizen or lawful permanent resident who travelled outside the US and is seeking readmission can be inadmissible for:
    1. the commission or conviction of a controlled substance or drug trafficking offense (waiver for a single offense of 30 grams or less of marijuana);
    2. a crime of moral turpitude (see below for definition and waivers).
  • prostitution and commercial vice conviction or two or more offenses of any type plus aggregate prison sentence of five years.

Grounds for Deportation/Removal

Legal permanent residents and those lawfully admitted to the US can be charged with grounds of removability under INA 237(a) and are subject to removable for the following reasons:

  • Crimes of moral turpitude, aggravated felonies, controlled substance violations, weapons offenses, domestic violence and crimes against children;
  • immigration violations including overstays, present without inspection and smuggling;
  • security clearance;
  • false claims to citizenship and unlawful voting charges;
  • charges relating to failure to register or falsification of documents;
  • public charge issues;
  • illegal entry

Call our offices today at (800) 909-8129 for solution pertaining to your particular New Jersey immigration case.

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Conveniently Located At

4713 Bergenline Avenue
Union City, NJ 07087

Find Out About Your Immigration Options

Speak with our attorneys today to talk about your situation and we will walk you through your options.

Common Questions

  • I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?

    Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.

  • I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?

    Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.

  • I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?

    To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.

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Staying Current to Provide Our Clients the Best Protection

Our Founding Attorney Lloyd E. Bennet, Esq. is one of the rare attorneys with as many as 30 years of experience who still possess the drive to learn more and better advocate for his clients. Immigration law is a field that changes constantly as world politics unfold and new leaders front the United States. In order to stay on top of this, Attorney Bennet serves as Chapter Chair for the American Immigration Lawyers Association’s New Jersey Chapter, a position that requires conducting and attending conferences and public presentations to analyze changes in immigration law and what they could mean for our clients. His role in the immigration law community keeps his representation on the cutting edge.

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