A waiver of inadmissibility is typically needed when spouses of US citizens are inadmissible to the United States due to prior visa overstays or unauthorized presence. For many from Mexico, the unauthorized presence resulted from entering without inspection (EWI) rather than a visa overstay. A green card application filed on behalf of an inadmissible spouse may not be eligible for adjudicating using the adjustment of status process. Instead, the spouse must return home to attend the green card interview. If found to be inadmissible at the interview, he or she may be permitted to file a waiver of inadmissibility or hardship waiver; US embassies and consulates abroad process thousands of these waiver applications each year. For more information on the waiver of inadmissibility, contact us today at 800.989.6842.
Foreign nationals who seek admission to the United States as a non-immigrant, such as pursuant to a non-immigrant visa or through the Visa Waiver Program (VWP), and are found to be inadmissible under section 212 of the Immigration & Nationality Act (INA) may be allowed to file a non-immigrant waiver pursuant to INA 212(d)(3). If [...]