Parent Inadmissibility
Overcoming Inadmissibility for Parents. July 22, 2024 | By Shireen Deeb
Recently, I had the pleasure of consulting with a lady who had become a naturalized U.S. citizen. She was eager to petition for her parents, who reside outside the United States. This case had its complexities, but through strategic planning and a thorough understanding of immigration laws, we found a path forward.
Background of the Case
Our client's parents visited the United States in 2016 along with their minor child, who was 16 years old at the time. During their visit, they left their son under the care of his sister in the U.S. The son subsequently filed for asylum, and his case is still pending.
However, when the parents attempted to return to the U.S. by applying for a B2 tourist visa, their applications were rejected. The U.S. Consulate cited two reasons for the denial:
- Section 212(a)(6)(E): Assisting others to enter the United States in violation of the law.
- Section 214(b): Failure to overcome the presumption of immigrant intent.
Addressing the Inadmissibility Charges
The rejection under Section 212(a)(6)(E) was particularly challenging. This section relates to individuals who have assisted others in entering the U.S. unlawfully. Additionally, the rejection under Section 214(b) suggested that the consulate believed the parents intended to immigrate to the U.S., which is contrary to the temporary nature of the B2 visa.
To assist our client, we initiated the immigrant visa application process for her parents. We understood that the embassy would likely raise the inadmissibility charges again, so we prepared a strategy to address these issues head-on. Please refer to the procedures for applying for a waiver of grounds of inadmissibility form. For more information, visit USCIS.
Filing for a Waiver
When the embassy raises the inadmissibility charges, we will be prepared to file a waiver to overcome them. The good news is that the parents are eligible for this waiver, and we believe they have a solid case to support their application.
Key Points Supporting the Waiver Application:
- Eligibility: The parents meet the criteria for a waiver under the Immigration and Nationality Act.
- Compelling Circumstances: Their son's pending asylum case significantly affects their situation.
- Strong Family Ties: The parents' intent to reunite with their children in the U.S. demonstrates their commitment to family unity, a positive factor in waiver considerations.
Conclusion
Navigating the complexities of immigration law can be daunting, especially when faced with inadmissibility charges. However, overcoming these hurdles with careful planning and strategic action is possible.
Our team at Right Way Immigration Law Firm is dedicated to helping clients like this lady and her parents. We are committed to ensuring that families can be reunited and that every eligible individual has the opportunity to live and thrive in the United States.
If you or someone you know is facing similar immigration challenges,
please contact us at 412 292-9262 or
email us at info@rightwayimmigration.law
We are here to help you every step of the way.
