We defend clients in Immigration Court and on appeal. We also prepare waivers for clients with a criminal history.

Admissibility

Inadmissibility Grounds

Foreign nationals, nonimmigrants living in the U.S. and Lawful Permanent Residents face issues of inadmissibility. Foreign nationals face this issue when they seek to enter the U.S.  Nonimmigrants living in the U.S. face inadmissibility issues when they seek to adjust their status to a Lawful Permanent Resident (or “green card holder”). Lawful Permanent Residents are confronted by this issue under certain circumstances.

Waivers

Types of Waivers

People who are inadmissible should work with an attorney to determine whether a waiver is available to “forgive” them of the crime or incident. Waivers are discretionary. Below are some of waivers that are available to people who may be inadmissible:

1.  Health-related waivers are available for people with a communicable disease, people who have failed to obtain certain vaccinations and people with mental or physical disorders (under Sections 212(a)(1) and 212(g)(2))

Removal

Grounds for Deportation

Immigrants and nonimmigrants who were lawfully admitted in the U.S. may face removal (or deportation) based on one or more of the grounds for removal under Section 237(a).  Foreign nationals may also be removed from the U.S. because he/she is inadmissible (one who is not admissible to the U.S.) under Section 212.  The ground(s) for removal are adjudicated formally in Immigration Court before a judge.  The judge has the discretion whether to have the person removed or grant an immigration benefit or relief such as an adjustment of status.

Appeals

Board of Immigration Appeals

The Law Office of LaToya N. McBean can work with you to determine whether to appeal a decision by an Immigration Judge or a denial of your application for naturalization or adjustment of status.  We can prepare your appeal before the Board of Immigration Appeals (BIA) or Administrative Appeals Office (AAO).

Motions

A Motion to Reopen or Reconsider can be an effective strategy in cases where a removal order has been issued against a person or an unfavorable decision has been rendered by the Department of Homeland Security (DHS). These types of motions may be filed with the BIA, Immigration Court or a DHS Regional Office. These motions have strict filing deadlines (although exceptions may apply in some cases), and it is important to consult with an attorney immediately after obtaining an unfavorable decision.

Foreign Convictions

Foreign nationals who have committed a crime in their “home country” face inadmissibility scrutiny based on criminal grounds. It is important to work with an experienced attorney who can analyze whether the foreign disposition constitutes a “conviction” for immigration purposes. The attorney can determine whether the  foreign offense is a felony or misdemeanor within the context of our immigration laws by looking at the U.S. counterpart of the offense and the maximum punishment under U.S. law.