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Who is Eligible for a Waiver of Inadmissibility?
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At Kriezelman Burton & Associates, LLC, we understand the challenges individuals encounter when attempting to enter or remain in the United States. A waiver of inadmissibility can offer a pathway for those who might otherwise be barred from entry due to various reasons. In this blog, we delve into the eligibility criteria, types of waivers, common grounds for inadmissibility, and the application process for obtaining a waiver.
Common Grounds for Inadmissibility
The U.S. immigration system outlines several reasons why an individual may be deemed inadmissible. Common grounds include:
- Health-Related Issues: Certain communicable diseases or mental disorders may render an individual inadmissible.
- Criminal Activity: Past convictions for crimes involving moral turpitude or drug offenses.
- Immigration Violations: Previous instances of immigration fraud or unlawful presence in the U.S.
- Security Concerns: Membership in totalitarian or terrorist organizations.
Types of Waivers Available
Different types of waivers address specific grounds of inadmissibility. Here are some of the key waivers:
- I-601 Waiver: This general waiver is applicable for various grounds, such as health-related issues, criminal activities, and fraud. For example, if an individual has a criminal record but can demonstrate rehabilitation and that their U.S. citizen spouse would face extreme hardship, they may qualify for this waiver.
- I-601A Provisional Unlawful Presence Waiver: Specifically designed for individuals who are inadmissible because of unlawful presence. It allows them to apply for a waiver before departing the U.S. for consular processing.
- 212(d)(3) Nonimmigrant Waiver: Available for nonimmigrants who need to overcome inadmissibility to visit the U.S. temporarily.
Eligibility Requirements
The eligibility criteria vary depending on the type of waiver being sought:
- Qualifying Relationships: Often, the applicant must have a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent, who would suffer extreme hardship if the waiver is not granted.
- Proof of Rehabilitation: In cases involving criminal convictions, evidence of rehabilitation and good moral character is crucial.
- Extreme Hardship: Demonstrating that denial of admission would cause extreme hardship to the qualifying relative is essential for many waivers.
The Application Process
Applying for a waiver requires careful preparation:
- Consultation with an Immigration Attorney: Given the complexity of the process, it is advisable to seek legal advice to determine eligibility and gather necessary documentation.
- Filing the Application: Complete the appropriate form (e.g., I-601 or I-601A) and submit it along with evidence supporting the waiver application, such as medical records, financial documents, and affidavits from family members.
- Biometric Appointment: Attend a biometric services appointment if required.
- USCIS Review: The United States Citizenship and Immigration Services (USCIS) will review the application, considering factors like the severity of the inadmissibility grounds and the evidence of hardship.
- Decision: The USCIS will approve or deny the waiver. If denied, there may be an option to appeal the decision.
Contact Us for Guidance
The path to overcoming inadmissibility and securing a waiver can be complex but is often navigable with the right guidance. At Kriezelman Burton & Associates, LLC, our experienced attorneys help clients understand their options and effectively present their cases to maximize the chances of approval. If you face inadmissibility issues, contact us to explore your legal options and begin the waiver application process with confidence.
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