WAIVER OF INADMISSIBLITY
APPLICATION FOR WAIVER OF GROUNDS OF INADMISSIBILITY
Many foreign nationals are barred from receiving legal status in the U.S. because they are determined to be “inadmissible.” Inadmissibility is a legal term meaning that the applicant will not be allowed to physically enter the U.S. if abroad, or, if they are already in the U.S., to adjust their status to that of a legal permanent resident.
Many clients find that they are inadmissible to the United States due to prior immigration violations or even criminal conduct. In many cases, inadmissible individuals may apply for waivers of these grounds of inadmissibility. The requirements and eligibility for a waiver will vary depending upon which ground of inadmissibility applies. The procedure for filing waivers is also extremely fact-specific to each case, and an attorney should be consulted before proceeding.
Clients with inadmissibility grounds who wish to visit the United States with a nonimmigrant visa including a visitor or work visa, may file a nonimmigrant visa waiver which will waive the ground of inadmissibility and allow the client to enter the United States. Almost all inadmissibility grounds may be waived by the nonimmigrant visa waiver, however, a successful waiver application must be approved by a DHS officer in a discretionary decision. Since the waiver approval is discretionary it is important that the case presented is persuasive and well-documented. The more serious the criminal or immigration violation is, the more difficult it is to obtain the waiver.
Applicants for lawful permanent residence may obtain waivers of certain criminal conduct, immigration fraud, unlawful presence, and other immigration violation by showing extreme hardship to a qualifying relative. For VAWA applicants, the applicant may be able to show hardship to him or herself. Not all inadmissibility grounds may be waived, so it is important to consult with an immigration attorney to determine your eligibility.
Extreme hardship can be shown a number of ways including long residency in the United States, strong family ties in the US, and medical issues that can't be properly treated in the client's home country.
Waivers are a complex area of immigration law which should be handled by an experienced immigration attorney.