What Is A Waiver of Inadmissibility?

 Posted on September 19, 2016 in Immigration

Most of the time, when someone applies for admission to the United States, they are found admissible and granted a visa. However, certain acts can render someone inadmissible, for a period of time or permanently, depending on what the person has done. If you find you are inadmissible to the United States, you may be able to apply for a waiver of inadmissibility, which can eliminate the obstacle; however, not everyone is eligible.

Why Am I Inadmissible?

There are many, many different reasons under U.S. immigration law as to why someone may be inadmissible. Some of the most commonly seen reasons are:

• Evidence of substance abuse or addiction. The United States does not admit those it believes likely to become a public charge.
• A criminal record with multiple convictions.
• A criminal record listing a crime of moral turpitude - in broad terms, any crime that shocks the conscience of the public.
• Overstaying a previous visa.

Generally speaking, inadmissibility is the status conferred on those who have something in their past that renders them a potential liability if admitted to the United States in the future. It is important to understand that this differs from being labeled deportable, though the two statuses are often used interchangeably by those who do not know better - deportability refers to those who are already located within the United States, where inadmissibility refers to those seeking to enter, and both are governed by different sections of the Immigration & Nationality Act.

How To Apply

The method in most cases by which you can obtain a waiver of inadmissibility is either by mail or by going to the nearest U.S. consulate. Form I-601 (along with all its attendant documents) is the form used for all waivers sought outside the United States, and if received, the waiver is usually valid indefinitely, with no conditions. There are rare exceptions - for example, if you seek to enter the U.S. on a K-1 fiance visa, the waiver is contingent upon your marriage. There is an alternative if you are a non-immigrant from a visa waiver country, referred to as a Form I-192, which grants a temporary waiver if approved.

Be advised that some waiver requests are denied - approval is anything but a sure bet. The most common reasons for denial of a waiver request are (1) having a criminal record for a crime that is not eligible for a visa waiver, such as drug trafficking or murder; and (2) in hardship cases, failing to prove that a U.S. citizen relative would suffer if your request is not granted. Especially in the latter case, the standard is quite high - mere loneliness at missing a spouse, for example, is not sufficient hardship to win a waiver.

Call An Experienced Attorney

We all make mistakes, but under U.S. law, some mistakes have graver consequences. If you are inadmissible and in need of a waiver, consulting a knowledgeable immigration lawyer can save you time and trouble in the long run. The dedicated Chicagoland immigration attorneys at Mevorah & Giglio Law Offices understand the waiver process, and we will do our best to guide you through. Contact us today via phone or website to schedule a free consultation.