Immigration Waivers

OVERVIEW

Immigration Waivers

Under U.S. immigration law, an “inadmissible” designation means the individual in question cannot travel to the United States for any reason, not even for a short trip to conduct business or visit relatives. But did you know some grounds for inadmissibility, such as: unlawful presence, criminal activity, health-related concerns, prostitution, and smuggling could be potentially waived? This process involves obtaining a nonimmigrant waiver, which can be issued to allow visits by certain persons otherwise identified as “inadmissible.”

Different Types of Immigration Waivers

It is important to know that for many of the circumstances listed above, there are immigration waivers which exist that can allow an individual to avoid the penalties that accompany being classified as “inadmissable.” Every case is different and the unique circumstances of your case will dictate which type of immigration waiver best applies to you. Some of the primary forms of immigration waivers include:

I-601 Hardship Waiver
I-601A Provisional Waiver
Criminal Conviction Waiver
Misrepresentation or Fraud Waiver
Unlawful Presence Waiver

I-601 Hardship Waiver

is a useful tool to remove certain immigration obstacles that block an undocumented alien

I-601A Provisional Waiver

If an individual was unlawfully present in the U.S., they may be deemed “inadmissible.”

Criminal Conviction Waiver

If a person is convicted of a crime, they may be deemed “inadmissible” by the US government.

Misrepresentation

If a person has been found to misrepresent or commit fraud in connection with the visa or green card application, they may be inadmissible.

OVERVIEW

Health-related grounds

Including (among other things) diagnoses of communicable diseases, failure to get required immunizations, dangerous physical or mental disorders and drug addictions.

Criminal and related grounds

Including, for example, crimes of moral turpitude (conduct that is considered contrary to community standards of justice, honesty or good morals), drug-related offenses in the United States or abroad, multiple criminal convictions resulting in five or more years’ incarceration, drug trafficking, prostitution, sex trafficking and money laundering.

Misrepresentation or fraud

Which includes falsifying/misrepresenting key information to get a visa and/or committing fraud while making a visa application.

Unlawful presence (and related grounds)

Which includes (among other offenses) being in the United States illegally, falsely claiming U.S. citizenship, entering the country as a stowaway, smuggling and abuse of a student visa.

Do any of these inadmissibility grounds apply to you? Or, are you not sure if one or more of these grounds applies to you? In either of these cases, you should speak with a licensed immigration lawyer who may recommend that you pursue a specific type of immigration waiver.