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What constitutes admissibility during a U.S. consulate interview?

During the visa interview in a U.S. consulate, I understand that the officer must be sure about the applicant''s "admissibility." What does admissibility mean when the applicant has passed all the steps of OFAC, Immigration, I-526, etc., for their EB-5 visa?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    "Admissibility" at this point of the visa process looks at the information from your I-526 petition, along with the application for adjustment of status or immigrant visa application. Additionally, as a general rule, immigration or consulate interviews seek to determine an applicant''s admissibility based on whether there have been any criminal convictions, serious health issues, prior visa status or immigration violations, immigration fraud, or any other prior acts by the applicant that may pose a risk to citizens and residents of the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    Every consulate has a list available showing what circumstances would prevent admission. Check with the U.S. consulate in your country.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There are many instances where a person with I-526 approval may not be issued an immigrant visa under the grounds of "inadmissibility." Some of those grounds are as follows: people with communicable diseases like tuberculosis; people without proper vaccinations; people with physical or mental disorders that may cause harm to themselves or others; people with convictions for crimes involving moral turpitude; people who have violated immigration laws; drug abusers or addicts; drug traffickers, spies, terrorists, etc.; people likely to become dependent on need-based government assistance. Some of these grounds of inadmissibility could be "waived" by filing and getting the waiver approved, but some are not. Thus, before you actually invest money, time and expenses in filing the I-526 petition, you should be honest with your immigration lawyer of anything that could prohibit you from obtaining the immigrant visa at the end.

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    Ed Beshara

    Immigration Attorney
    Answered on

    To be eligible for permanent residency the foreign applicant can not have grounds of inadmissibility, such as having been found guilty of crimes involving moral turpitude. The grounds of inadmissibility are stated in the immigration regulations and policies.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    The U.S. Congress has set out certain matters that make a person inadmissible. The inadmissible attributes are itemized in the Immigration and Naturalization Act at Section 212. Communicate with an immigration attorney to determine if any inadmissibilities would apply to your individual history.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    "Admissibility" in terms of immigrant visa issuance entails the U.S. consular officer''s review of the application and other documents/evidence to determine if the immigrant visa applicant is "inadmissible" under the immigration laws. There are many potential grounds of inadmissibility, found mostly in Immigration and Nationality Act Section 212(a), among other sections. As long as the applicant is not inadmissible under any of the enumerated grounds, then the applicant is deemed eligible to receive an immigrant visa and therefore, he or she is admissible to the United States. You should consult an experienced immigration attorney if you are concerned about one or more potential grounds of inadmissibility.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The U.S. Department of State and Consulate does have their own review of the applicant, including employment history, criminal record and review of a medical exam.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It means no criminal background, to contagious disease, no prior deportation, and no other reason under the law why the person cannot be admitted to the United States.

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