Who Has the Burden of Proof in Inadmissibility?
In inadmissibility cases, the burden of proof rests with the applicant to demonstrate they are admissible or, if inadmissible, that they qualify for a waiver. This involves providing evidence of eligibility for the immigration benefit sought and overcoming any grounds of inadmissibility, such as unlawful presence or criminal convictions. If applying for a waiver, the applicant must also show that denying entry would cause extreme hardship to a qualifying relative. Immigration authorities review the evidence to determine if the burden has been met.
At the Bassey Immigration Law Center in Florida, we understand this burden of proof and the challenges that non-U.S. citizens face when they submit petitions for inadmissibility immigration waivers. We use our knowledge and experience to help present their evidence of admissibility in ways that give them the best opportunities to meet and exceed their burden.
How Can You Satisfy the Burden of Proof?
Petitioners can satisfy the burden of showing that they are admissible with evidence such as:
- Proper identity documents, including unexpired government ID cards, passports, and official birth records or certificates
- Bank statements, work records, and other proof showing that the petitioner has sufficient resources to support themselves
- Clean criminal background checks
- Information about family connections, including marriage certificates and affidavits from family members
- Thorough medical records with proof of vaccinations
- Verifications of employment or employability
- For asylum seekers, evidence of human rights violations or other persecution in a home country.
Petitioners for inadmissibility immigration waivers who have only little or none of this evidence should not conclude that they will be unable to meet their burden of proof. An experienced immigration lawyer may be able to discover sufficient facts about the petitioner’s background and history that can satisfy their burden of proof.
How Difficult Is It to Satisfy the Burden of Showing You Are Admissible?
Satisfying the burden of showing you are admissible can be challenging, as it requires meeting strict legal standards and providing sufficient evidence to overcome any potential grounds of inadmissibility.
The difficulty depends on the specific circumstances of the case, including:
- Type of Inadmissibility: Some grounds, such as criminal convictions or fraud, are more challenging to overcome than others, like minor health issues.
- Quality of Evidence: Applicants must provide compelling and well-documented evidence to support their case, such as medical records and proof of rehabilitation (if applicable).
- Meeting Waiver Requirements: For those seeking a waiver, proving “extreme hardship” to a qualifying U.S. relative can be particularly challenging, as the hardship must go beyond the ordinary difficulties of family separation.
- Complexity of Immigration Law: Navigating the legal framework and demonstrating compliance with all requirements often requires a skilled immigration lawyer.
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Call the Bassey Immigration Law Center Today
Petitions for waivers of immigration inadmissibility are complex matters. The inherent difficulties in this process can overwhelm petitioners with little or no exposure to the U.S. immigration system.
The immigration attorneys at the Bassey Immigration Law Center in Florida can help you meet your burden of proof when you seek to overcome a determination that you are inadmissible for entry into the United States. Please contact us for a confidential conference with one of our lawyers about your inadmissibility waiver petition.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
