Who needs an inadmissibility waiver?
Persons who have been found ineligible to become a permanent resident, receive a visa, or otherwise considered inadmissible to the United States may be eligible to file an Application for Waiver of Ground of Inadmissibility. Generally, the finding of inadmissibly will be determined by the US Embassy overseas or by USCIS. A person may also be aware from their prior conduct that a ground of inadmissibly exists.
Under certain circumstances, an Application for Waiver of Grounds of Inadmissibility can be filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident.
This waiver is generally based on extreme hardship to a Qualifying relative who is a United States citizen or Lawful Permanent Resident family member (like spouse, parent, and in some cases children) of the applicant, which would result if the applicant’s inadmissibility cannot be waived. Each reason for inadmissibly must be evaluated to determine in the proper qualifying relationship exists, and if there is a sufficient factual basis to apply for a waiver.
There are many reasons a person may need a waiver of inadmissibility. Some of the most common grounds of inadmissibility are:
- A person who has been unlawfully present in the United States.
- A person with a criminal history or record of criminal conduct (like multiple crimes involving moral turpitude/CIMT or aggravated felonies/AG)
- A person that has knowing or intentionally misrepresented facts or information to immigration/embassy.
- A person with prior US Immigration violations.
- A person with child smuggling violations.
Waivers of inadmissibility are often very complex and require careful planning and legal effort. It is strongly recommended that any person or family facing these issues consult with experienced immigration counsel.