Types of Immigration Waivers and What They Mean

Types of Immigration Waivers and What They Mean

Although U.S. immigration law is known to be one of the most complex and strict areas of law, there are parts of the law designed to ameliorate some of its harshest provisions. Some of these are known as waivers, and they help people who were deemed inadmissible to the U.S. for some reason. However, to get the waiver, one must apply for it and meet the waiver’s own requirements. At Kriezelman Burton & Associates, we assist clients in Chicago in successfully applying for and obtaining these immigration waivers. We also take cases in Indiana, Wisconsin, and Michigan.

What is an Immigration Waiver?

A waiver is a provision that allows a person who would otherwise be denied an immigration benefit (such as a green card) to avoid those consequences if they meet the requirements for the waiver. A person who generally qualifies to get an immigration benefit can still be denied the benefit as being inadmissible. Should this be the case, then the person will require a waiver of that inadmissibility if they are to obtain the benefit they seek.

Grounds of Inadmissibility

There are numerous grounds for inadmissibility, but here are some of the major ones:

• Health. A person can be denied an immigration benefit on health grounds if they have been diagnosed with, for example, a communicable disease, mental disorder, drug addiction, or failure to get required immunizations.
• Criminal History. One can be denied an immigration benefit if they have been convicted of a crime of moral turpitude, which is defined as conduct that is contrary to community standards of justice, honesty, or good morals. An immigration benefit can also be denied to a person who has been convicted for 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. If a person is found to have falsified, misrepresented, or made fraudulent submissions to the immigration office or consulate, their petition or application will be denied on those grounds.
• Unlawful Presence. Unlawful presence encompasses a variety of offenses, including being in the United States illegally, falsely claiming U.S. citizenship, smuggling, and other immigration violations.

Immigration Waivers Available

If any of the grounds of inadmissibility listed above apply in your case, then there are waivers that you can apply for to overcome those grounds of inadmissibility. Knowing which waiver to apply for and how to obtain it is not easy. Therefore, you need an experienced immigration lawyer to help you figure this out and to ensure you have the best chance to have your waiver application approved.

If your application for the waiver is granted, then you will avoid the penalties associated with the ground of inadmissibility that applies to you. Some of the immigration waivers available include the following:

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

If you believe you need an immigration waiver or just need to know whether you have something in your history that may result in your being found inadmissible, contact our office and schedule a consultation.