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Sometimes, knowingly or unknowingly, some non-immigrants violate the terms of their visa and become inadmissible or subject to a Bar on their entry to the United States which may last several years. If you or your known is inadmissible by law to enter the US as per the rules set by the Immigration and Nationality Act, you might still have a chance to become a Permanent Resident of the United States. For certain grounds of inadmissibility, it is possible at times to obtain a waiver of that inadmissibility. The inadmissibility categories include criminal activity, health, national security, lack of labor certification, public charge, prior removals, misrepresentation or fraud, or unlawful presence in the US.
For certain grounds of inadmissibility, it is possible at times to obtain a waiver of that inadmissibility. At times exceptions are mentioned in the law and no waiver is necessary to overcome the inadmissibility because inadmissibility does not apply if the individuals meet the exceptions. Therefore, it is highly advisable to seek assistance from a qualified attorney to know more about the waivers. An experienced immigration attorney has the necessary knowledge and experience to help you navigate the legal requirements for the waiver.
Types of Waivers
I-601 Waiver: It can waive removal for the spouse, children of US citizens or fiancee or legal permanent residents who demonstrate that the parent or spouse will suffer extreme hardships if the foreign national is not allowed to remain in the US or if the family has to move overseas to be together. The chance of your application being approved largely depends on the strength of the evidence submitted. The adjudicator will review your evidence and balance the hardships you want to present with the existence of any mitigating or aggravating factors. In most cases, the US immigration authorities reject the I-601 waiver application because of insufficient evidence of hardship. Therefore, hire an I 601 waiver specialist attorney to ensure that convincing documentation is submitted.
I-601A Provisional Waiver: The I-601A provisional waiver is meant to deal with only one ground of inadmissibility which is unlawful presence as found within US immigration law. This waiver is available to inadmissible immigrants to promote family unity and reduce the uncertainty and risk that comes with the method of the waiver application. This waiver let you take advance measures, while still living in the US, to safeguard against the possibility of being trapped outside the US for several years.
J1 home residency waiver: Exchange visitors with J1 visa need to return to their home for two years after the exchange visitor program. It is necessary as per the Immigration and Nationality Act, Section 212(e). If you can’t return to your native country for two years, you need to apply for a waiver. The DHS must grant you a waiver before changing your status in the US or get a visa. If you are subject to this requirement and need a waiver you need to apply to the DHS, waiver Review Division for a recommendation that USCIS grant a waiver. The waiver request must be under any one of the five bases in US immigration law namely:
No objection statement
Request by an interested US federal government agency
Request by a designated State Public Health Department
Exceptional hardship to a US citizen spouse or kids
I-212 Waiver: If you are inadmissible under the Immigration and Nationality Act section 212(a)(9)(A) or (C), you must ask for consent to reapply for admission to the US before you can legally return to the US. Section 212(h) of the INA identifies certain criminal grounds that allow for the waiver application. These include crimes of prostitution, moral turpitude, and a single offense of possession of marijuana (30 grams or less). Waivers are not allowed for torture, murder, or aggravated felonies. If your criminal ground inadmissibility allows for waiver application, you are eligible if one of the following applies to you:
It is more than 15 years since you committed the crime and applied for admission to the US
Your lawful permanent resident child or spouse will experience severe hardships if the admission is denied
It is best to seek help from an immigration attorney to file the waivers as you need to prove that you are not a threat to the safety and security of the US and that you have been rehabilitated. A qualified attorney will help you prepare a convincing application to improve your chances. Call Rijal law firm today and schedule a phone consultation with our qualified attorneys and get your waiver eligibility assessed.