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The process of immigration to the United States is a very complex one. And, it becomes a lot more difficult if the U.S. designates you as inadmissible. The U.S. immigration law has set forth certain grounds for inadmissibility. If you fall into any of these grounds, your entry into the United States as an immigrant won’t be the easiest. In fact, some of the grounds for inadmissibility put a 3-year or 10-year bar on individuals. Which means they can’t apply for a visa during this period.
But that’s not the end of the world!
If you’ve been designated inadmissible for any reason, it doesn’t mean you can never immigrate to the States lawfully. You may qualify for an immigration waiver and make your way into the U.S. as a lawful resident or immigrant. You just need to have a good reason and strong reasons to stay in the United States.
This blog post will help you understand what an immigration waiver is and who can benefit from it.
What is an Immigration Waiver?
An immigration waiver is a waiver of the grounds for inadmissibility. It means that if they barred your admission into the U.S. or you are undergoing a removal proceeding under any of the numerous inadmissibility grounds, you can still live in the U.S. as a lawful resident or immigrant. Now, you’ll have to prove to the authorities that staying or immigrating to the U.S. is an absolute necessity for you. There are many ways you can do that, which we’ve discussed in more detail ahead.
What are the Common Grounds for Inadmissibility?
The United States has listed certain grounds based on which an individual is designated as inadmissible into the State. Some of the reasons why you may be inadmissible into the United States include:
Inadmissibility Due to Health
If you’ve got a communicable disease that holds public health significance, like infectious leprosy, you can’t immigrate or continue living in the United States. You may also not be permitted to enter the U.S. if you haven’t received the necessary vaccinations. Drug abusers and addicts and those with mental disorders that make them harmful to others also fall under this category.
Inadmissibility Due to Criminal Charges
They will deport any immigrant with criminal charges from the United States. If you are applying for immigration and have a record of criminal charges, they will bar your entry. Some common criminal charges that can designate you as inadmissible include violation of controlled substances law, drug trafficking, human trafficking, money laundering, etc.
Inadmissibility Due to National Security Risks
Any person who is suspected to be a threat to national security will be designated as inadmissible.
Inadmissibility Due to Fraud or Misrepresentation
If any person submits fraudulent documents or misrepresents a fact with an intent to enter the United States. Then the U.S. will designate them as inadmissible.
Inadmissibility Due to Illegal Presence or Overstaying on Visit Visa
Any individual removed from the country due to overstaying on a visa. Or because of any reason whatsoever that made them illegal immigrants. The United States will not grant entry.
Who Can Benefit from Immigration Waiver?
You’ll be surprised to know that you can get an immigration waiver for factors you would assume your entry to the United States is barred for good. A lot of people can benefit from an immigration waiver. However, securing an immigration waiver isn’t so simple. You’ve got to provide sufficient proof to strengthen your case; this is where you might need an experienced immigration lawyer.
Let’s have a look at who can benefit from an immigration waiver:
Someone Who Has Family Who May Face Extreme Hardship if They Leave the U.S.
If you’re someone who has a relative or immediate family in the U.S. who’s dependent on you in some way and your leaving will cause them extreme hardship, you’re eligible for an immigration waiver (I-601). Extreme hardship encompasses a lot of situations. For example, if your leaving will impair your family or relative from getting medical treatment or education. Or they may not have enough finances to sustain themselves in the United States. Then you can get an immigration waiver. Even if they charged you on the grounds of inadmissibility like visa fraud, criminal conviction, or unlawful presence.
Someone Who Has an Approved I-130 Petition
Someone who has an approved I-130 petition. Whereby their relative living in the U.S. applied for their immigration or Green Card. And, if the U.S. approved their application can apply for an immigration waiver if they fall under any category of inadmissibility. For example, if you’ve got an approved I-130 petition but they also barred you for 3 or 10 years due to unlawful presence. Then they can forgive your crime under the I-601A waiver.
Some Who’s Seeking Asylum or Refuge
If someone is seeking asylum or refuge or facing prosecution in their home country can apply for an immigration waiver under the Humanitarian and National Interest Waiver. One can also qualify for an immigration waiver if they can offer any sort of value to the country through their qualification or profession such as someone from the medical profession.
Closing Word
The process of securing an immigration waiver is very complex. It requires the applicant to submit solid proof. As well as, reasons for the country to consider waiving their immigration visa. It’s not something one can do independently. For this reason, you seek help from an experienced immigration lawyer who knows immigration law well. This increases your chances of getting an immigration waiver.
There are numerous details about immigration law that people often overlook, and that cost them the rejections of visas. If you’re planning to apply for an immigration waiver, you must educate yourself about immigration law. Our legal blog Spirit One can provide you with helpful information that can help you during the process.
