Inadmissibility and Waivers
One major roadblock to obtaining immigration status in the United States are grounds of inadmissibility. A person who is inadmissible is barred from being given status as an immigrant. Bars to admission can be triggered based on a number of grounds including:
- Health Related Grounds - Communicable disease of public health significance, Vaccinations
Physical or Mental Disorders (Alcoholism; DWI; Drug Addiction)
- Economic Grounds – likely to become a public charge by reason of poverty, insanity, disease, or disability; Certain occupations – health care workers & physicians
- Criminal Grounds - any crime of moral turpitude, violation of controlled substance or trafficking laws, money laundering, multiple criminal convictions, prostitution, and aggravated felons
- Illegal Entrants and Immigration Violators - entry without inspection, failure to attend removal proceedings, misrepresentation, false claim to citizenship, human smuggling
- Unlawful Presence - resulting in 3 and 10 year bars to admissibility
- Aliens Present After Previous Immigration Violations
In the context of family-sponsored, immigrant status through a subsequent marriage can result in a bar to admission if it is found that the previous marriage was made with the attempt to evade immigration laws.
Certain Exceptions Exist - Adjustment of Status and 245(i)
Certain exceptions do help some individuals overcome these bars to admissibility. One exception automatically waives periods out of status and unauthorized work for immediate relative beneficiaries. Another waives illegal entry unauthorized employment for individuals who had a visa petition filed on their behalf before April 30, 2001.
Waivers of Inadmissibility
Waivers are another means to cure inadmissibility. Waivers are available on a limited basis for some grounds inadmissibility. Below are some typical waivers:
- Waiver of Unlawful Presence
- INA 212(i) - Waiver of Fraud
- INA 240A - Cancellation of Removal - waives certain criminal grounds of inadmissibility in removal proceedings
- INA 212(c) - waiving certain criminal convictions before April 24, 1996
- INA 209(c) - waiver of inadmissibility for assylees or refugees
- INA 212(d)(3) - general waiver of inadmissibility for nonimmigrant visas
- INA 212(g) - waiver of certain health related grounds
- INA 212 (h) - waiver certain criminal grounds
Waivers are granted on a discretionary basis. Just because an individual meets the minimum requirements for a waiver does not mean the waiver will be granted. Seeking a waiver of inadmissibility often requires the alien to exit the United States and apply for the waiver at a United States consulate.
Hire The Chander Law Firm to Handle Your Waiver Case
Overcome the barriers to lawful immigration status. Hire The Chander Law Firm to obtain your waiver of inadmissibility. We regularly handle complex waiver of inadmissibility cases, with a special focus on cases requiring consular processing at the United State Consulate in Ciudad Juarez, Mexico. Schedule a consultation with The Chander Law Firm today.
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Family Sponsored Immigration News
October Visa Bulletin Released: EB-1 Current; Family Based Retrogression; Regional Center EB-5 Unavailable