How Can Immigrants Qualify for Waivers of Inadmissibility?

 Posted on July 28, 2022 in Immigration

There are multiple issues that can affect immigration cases, including those involving visa or Green Card petitions. One key issue that can arise in these situations involves a person’s admissibility to the United States. There are multiple reasons that a person may be considered to be inadmissible, and these issues may lead immigration officials to deny a visa application or refuse to grant a person lawful permanent resident status. However, those who are inadmissible may be able to apply for waivers of inadmissibility. By understanding the qualifications a person will need to meet to receive a waiver, immigrants and their family members can take the correct steps to complete the immigration process successfully.

Waivers Based on Grounds of Inadmissibility

Eligibility for waivers will depend on the specific reasons a person is considered to be inadmissible. When applying for a waiver, a person will need to show that they meet certain requirements. The requirements for waivers for different grounds of inadmissibility include:

• Infectious diseases - A person may be inadmissible due to a diagnosis of a communicable disease such as tuberculosis, leprosy, syphilis, or gonorrhea. In these cases, a person who is the spouse or unmarried child of a U.S. citizen or lawful permanent resident or the fiancé(e) of a U.S. citizen may receive a waiver.
• Vaccinations - A person may qualify for a waiver of the vaccination requirements that apply to immigrants if they can demonstrate that they are opposed to receiving vaccinations based on sincere religious or moral beliefs.
• Mental health disorders - A person who has been diagnosed with a condition that has previously posed a risk to the safety of themselves or others or may pose a risk in the future may be found to be inadmissible. However, they may qualify for a waiver of inadmissibility based on documentation of their diagnosis, findings about the likelihood of harmful behavior in the future, and recommendations regarding the treatment available in the U.S. that will reduce the chances of behavior that may cause harm to themselves or others in the future.
• Criminal grounds - Immigrants who have been deemed inadmissible because they have committed crimes involving moral turpitude, possession of 30 grams of marijuana or less, prostitution, or certain other offenses may be eligible for a waiver. These waivers may be available in situations where a person was convicted of prostitution and can show that they have been rehabilitated, where at least 15 years have elapsed since the crimes were committed and a person is not a threat to public safety or national security, or where denial of admission would cause extreme hardship to a family member who is a citizen or permanent resident of the United States.
• Immigration fraud - A person who is inadmissible because they had provided false information on immigration forms or applications may receive a waiver based on extreme hardship to a family member who is a U.S. citizen or lawful permanent resident.
• Unlawful presence - A person who is barred from entry to the U.S. for three or 10 years due to being unlawfully present in the United States may receive a waiver based on extreme hardship affecting an immediate family member who has a Green Card or U.S. citizenship.

Contact Our Orlando Waivers of Inadmissibility Lawyer

While waivers may be available in the situations described above, there are certain other grounds of inadmissibility that may also need to be addressed. Vasquez Law Firm, PLLC provides legal help and representation for immigrants and their family members, and we work to ensure that they can address any issues that will affect the immigration process. Contact our Orange County immigration waiver attorney at 407-955-5000 to discuss your concerns in a free consultation and learn more about how we can help you resolve any immigration-related issues you may face.

Sources:

https://www.uscis.gov/sites/default/files/document/forms/i-601instr.pdf

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim