There are different types of waivers, including waivers of inadmissibility and waivers of deportability. A person not eligible to be admitted into the United States or to adjust her status may obtain waiver of inadmissibility. Waivers usually require the applicant to demonstrate extreme hardship to a US citizen or permanent resident spouse or parent.
Here are some of the grounds of inadmissibility that may be successfully waived:
- Failure to possess required documentation such as green cards, US passports or visas
- Health-related grounds such as communicable diseases, and behavioral disorders
- Certain criminal grounds such as crimes involving "moral turpitude," controlled substances, prostitution and other serious offenses
- Immigration fraud or misrepresentation
- Membership in a totalitarian party
- Alien smuggling
- Unlawful presence in the US
- Certain grounds of inadmissibility if filed by a Temporarily Protected Status applicant
- Inadmissibility based on prior removal or unlawful presence after prior immigration violations (HRIFA and NACARA applicants)
- Unlawful presence after a prior immigration violation (VAWA self-petitioner)
- Likelihood to become a public charge - in jail, on welfare
Persons previously deported, may also be eligible to obtain a waiver, and apply for Permission to Reapply for Admission.
Since waivers are hard to obtain, excellent case preparation is essential. Our attorneys have the right expertise and experience to prepare your waiver case.