Waiver Of Inadmissibility

Deportation

Deportation Defense & Appeals

Family-Based Immigration

Summary

Some immigrants are inadmissible to the United States, meaning that it is not currently possible for them to enter or stay in the United States. A waiver of inadmissibility is a way to try and waive the actions that led to being inadmissible. You must qualify for this waiver if you want to come to the U.S. despite your prior actions.

What Is a Waiver of Inadmissibility?

Some immigrants are inadmissible to the United States, meaning that it is not currently possible for them to enter or stay in the United States. A waiver of inadmissibility is a way to try and waive the actions that led to being inadmissible. You must qualify for this waiver if you want to come to the U.S. despite your prior actions.

Why Have I Become Inadmissible?

There are many reasons why a person can become inadmissible to the US. However, they usually fall into two main categories.

The first is committing fraud to obtain immigration benefits. It could be by falsifying documents or assuming a false identity while being in the US. Some immigrants create fake green cards or proof of citizenship. Those who have also gone beyond the limitations to stay in the US can also get an inadmissibility tag.

The second is involvement in a crime in one way or another. For example, the possession of illegal substances may make a person inadmissible to the U.S. Other crimes that fall into this category include prostitution, robbery, theft, and other similar offenses. The judgment on crimes depends on several factors, including involvement and severity.

How Long Will I Stay Inadmissible?

Your status of inadmissibility will depend on the severity of your violation. Sometimes, a person gets barred from entry for years. Others can receive a ban throughout their lifetime. Those who receive an inadmissibility tag will also get information on the length of time the status applies.

How Do I Know if I’m Eligible for a Waiver of Inadmissibility?

Examination of waiver eligibility is on a case-by-case basis. There is a possibility to waive a case if the violation was a minor offense. There might be a connection with another party, which can lessen the weight of your involvement. Here are some things to consider:

  • What crime were you convicted of? Did the crime involve moral turpitude, or was it something of a lesser degree? Was there any other outside influence that made you commit the crime?
  • Have you ever gained permanent resident status in the US?
  • Do you have direct family members who are permanent residents or US citizens?
  • If you committed an immigration violation, was it because you falsified documents? Was it because you made false claims on personal information?
  • Did you illegally enter the US? Did you stay beyond the set limit of your intended stay in the country?

The most common requirement for a waiver is to establish extreme hardship, meaning an immediate family member could suffer without you. The relative must be a permanent resident or US citizen.

The best way to examine and evaluate inadmissibility is with the help of an attorney. An immigration lawyer can help you determine if your inadmissibility status is eligible for a waiver and guide you through the process to improve your chances.

What Crimes Cannot Apply For A Waiver?

There are many types of crimes that cannot apply for a waiver. Nearly all of them can either cause harm to others or disrupt the normal flow of society in the US. Here are some examples:

  • Suspicion of espionage or sabotage
  • Practicing polygamy
  • Aiding any paramilitary or terrorist groups
  • Participating in any Nazi acts or movements
  • Became involved in abduction or kidnapping
  • History of drug abuse or addiction
  • Convicted of murder, torture, or conspiracy

There are exemptions. However, the best way to understand and navigate them is to have an experienced immigration attorney at your side.

How Do I Establish Extreme Hardship?

Extreme hardship is a challenging requirement of the waiver, but it is possible. You have to show the following to prove it:

  • A direct connection to the family member along with proof of US citizenship or a green card
  • Family connections outside the US
  • The financial impact to the family member
  • Any health conditions or lack of proper medical care outside the US
  • Ties to other countries and the condition of that country where you’ll possibly relocate

These are the main factors, but many factors depend on the case and the people involved. Providing comprehensive information will improve your chances of a waiver.

Can I Still Apply for a Waiver if I am Inadmissible Due To a Health Issue?

It’s still possible to apply for a waiver, but there needs to be proof that the condition has not harmed or will not harm anyone. You will submit documents detailing your medical history and any prognosis. There must also be a physician willing to treat the condition to a point where it will not harm anyone.

Can I Still Apply for a Waiver if I Have Multiple Grounds of Inadmissibility?

Yes, it is still possible to apply, though you will need more documentation than usual. You’ll have to give complete documentation and provide good reasons for approval of the waiver. Often in these cases, you will have to wait outside the US after you submit your Form I-601.

The best move is to consult legal counsel before moving forward in the application process. In extreme cases, denial is only the first step. The US may issue enforcement if you have multiple criminal convictions. Talk to an experienced immigration lawyer first before making any moves.

Next Steps

Applying for a waiver of inadmissibility is a challenge, which is why you need legal counsel. Many aspects of it are subject to interpretation, and the approach to each case is different. The good news is that we have experience in applying and obtaining a waiver. We can help determine your eligibility and get everything you need for an application.

Locations

Los Angeles

(626) 795-6777

San Francisco

(415) 568-3777

Philippines

+011 (632) 8-663-2907

China

(86) 532-8257957777