When a foreign national applies for admission to the United States, he or she must prove to immigration officials that that they are not inadmissible. Typical issues that may make a person inadmissible to the United States include criminal history or prior immigration violations such as an overstay or misrepresentation. Inadmissibility to the United States is codified in INA section 212 a.
Many of the inadmissibility grounds found in 212 a can be overcome by the applicant by filing an inadmissibility waiver and having it approved by immigration officials. When filing an inadmissibility waiver, the alien must show that the reasons for granting the visa (i.e. extreme hardship) outweigh the seriousness of the ground of inadmissibility and/or other negative factors in the applicant’s case. A waiver attorney (i.e. a US immigration attorney who prepares inadmissibility waivers) should be hired in order to maximize chances of approval of an inadmissibility waiver.
Intending immigrants are foreign nations who are applying to live and work in the US permanently. The application process is handled either at a US Consulate or US Embassy abroad or, for adjustment of status, at a local immigration office in the United States. If approved, the person would receive a green card and may eventually be permitted to apply for US citizenship. These applicants include spouses, parents or children of US citizens. Even though they are not immediately entitled to apply for a green card, fiancees of US citizens are also considered to be intending immigrants. However, just because there is a green card available to the applicant doesn’t mean that he or she will qualify for it. If the immigration of consular official finds the applicant to be subject to a ground of inadmissibility, he or she will likely need to submit an inadmissibility waiver in order to overcome the inadmissibility.
Typical examples of inadmissibility waiver for an intending immigrant are a 601 waiver (or hardship waiver) for criminal history and prior immigration violations or a deportation waiver (I-212) to eliminate the time needed to remain outside the country after a deportation. A less common inadmissibility waiver is the J1 waiver for the J1 visa foreign residency requirement.
Nonimmigrants are foreign nationals who wish to come to the United States either for a visit or to work on a temporary basis. Nonimmigrants must prove that they are admissible to the United States and, if found to be inadmissible, must file an inadmissibility waiver.
For nonimmigrants, an inadmissibility waiver is known as a 212 d 3 waiver, or an I-192 waiver, and must be approved before an inadmissible non-immigrant will be issued a temporary visa.
To determine if we can help with your inadmissibility waiver case, contact us today for a free consultation.
