Inadmissible vs. Removable

 Posted on March 15, 2018 in Immigration

There are two different ways a person can be ruled deportable, and determining the one that applies to an individual depends on his or her location. For instance, the determination will be different if someone is in the U.S. already, versus if he or she is still waiting to enter.

Inadmissibility

When someone is talked about as being inadmissible, it means that he or she is not officially in the United States, and he or she will not be permitted to enter— the individual meets a certain ground of inadmissibility. For example, any foreign national who has a history of immigration violations is likely to be ruled inadmissible (in other words, unable to be admitted).

There are numerous factors that an immigration officer will consider before reaching a finding of inadmissibility; however, if you are ruled to be inadmissible, this is not an appealable decision—in most cases, you will simply have to begin the process over again and hope for better luck.

That said, there are some cases for which waivers are obtainable. Waiving a ground of inadmissibility means that you have applied for and received the right to explain the extenuating circumstances behind an alleged criminal act, or to explain why your case is somehow unique or is worthy of prosecutorial discretion in terms of letting you into the country. Waivers are not available to everyone; still, if you are permitted to apply for one, then you must be able to show that you have a U.S. citizen or lawful permanent resident parent, spouse, or fiance(e) that would suffer “extreme hardship” if you are not permitted to enter the country.

Removability

Contrary to inadmissibility, when someone is deemed removable, they are deporting those who are already lawfully present in the United States—that is, he or she entered with inspection by a U.S. immigration officer, at a lawfully recognized port of entry. Since the person is present within the United States, removability is telling the individual that he or she must leave due to a crime he or she has committed or another legal infraction which means that person is not permitted to stay in the United States.

While inadmissibility is a burden that lays on the plaintiff—in other words, it would be the immigrant’s responsibility to show that the person in question should not be granted legal status—it is important to keep in mind that the removability barrier belongs to the government. Simply stated, the government must prove, beyond a reasonable doubt, that the person in question has either committed a crime, is a public charge, or both—in order to show that the person is removable. Whether the person is a clear danger to the average U.S. citizens is not the point. What matters is whether the government can prove it.

Call an Experienced Attorney

Immigration matters are always confusing, but the right attorney can help you get through them. The knowledgeable Chicago-area deportation defense attorneys at the Mevorah & Giglio Law Offices stand ready and willing to help you. Call today to set up an initial appointment.