Waivers of Inadmissibility

Overview

U.S. immigration law outlines specific grounds on which individuals may be deemed inadmissible to the United States. These grounds can prevent them from obtaining visas, green cards, adjusting their status, or entering the country. However, the law also waives specific inadmissibility grounds, allowing eligible applicants to overcome these barriers and proceed with their immigration applications. Understanding inadmissibility and waivers is crucial for anyone facing challenges with their immigration status.

At Law Offices of Osas Iyamu, LLC, we assist clients in navigating complex waiver processes, ensuring the best possible outcome for their immigration journey.

Common Grounds of Inadmissibility

1. Health-Related Grounds

1.    Communicable diseases (e.g., tuberculosis)
2.    Lack of required vaccinations
3.    Physical or mental disorders with harmful behaviors
4.    Drug addiction or abuse

2. Criminal Grounds

1.    Crimes involving moral turpitude (CIMT)
2.    Drug offenses
3.    Multiple criminal convictions
4.    Prostitution and commercialized vice
5.    Trafficking in persons
6.    Money laundering

3. Security-Related Grounds

1.    Terrorist activities
2.    Membership in totalitarian parties
3.   Espionage, sabotage, or unlawful activity

4. Public Charge

Individuals likely to become a public charge (dependent on government assistance)

5. Fraud and Misrepresentation

Providing false information or documentation to obtain an immigration benefit

6. Unlawful Presence and Prior Deportations

1.    Individuals unlawfully present in the U.S. for certain periods may face a 3-year or 10-year bar
2.    Re-entry after deportation without permission

7. Document-Related Grounds

1.    Failure to meet documentation requirements (e.g., valid passport, visa, etc.)
2.    False claims to U.S. citizenship

8. Other Grounds

1.    Polygamy
2.    International child abduction
3.    Draft evasion

Available Waivers of Inadmissibility

Many grounds of inadmissibility can be waived under specific circumstances. Waivers are discretionary, meaning U.S. immigration officials evaluate each case individually, and approval is not guaranteed. Below are common waivers available based on different grounds of inadmissibility:

1. Health-Related Waivers

1.     Available for certain infectious diseases (e.g., tuberculosis) if proper treatment plans are in place.
2.    Vaccination requirement waivers for individuals with religious or moral objections.

2. Criminal Convictions Waiver (INA Section 212(h))

Available for crimes involving moral turpitude, prostitution, and certain offenses if:

1.    The offense occurred more than 15 years before the application.
2.     The applicant demonstrates rehabilitation and no risk to U.S. welfare.
3.     A U.S. citizen or permanent resident family member would suffer extreme hardship without the applicant’s admission.

3. Fraud and Misrepresentation Waiver (INA Section 212(I))

Available for applicants who committed fraud or misrepresentation, provided they can show that their U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if the waiver is not granted.

4. Unlawful Presence Waiver (INA Section 212(a)(9)(B)(v))

Individuals subject to the 3-year or 10-year bar for unlawful presence can apply for a waiver if they can prove that their U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if they were not admitted to the U.S.

5. Waiver for Prior Deportations (INA Section 212(a)(9)(C)(ii))

Individuals reentering after deportation may be eligible for a waiver after 10 years outside the U.S., provided they have not attempted to reenter without permission during that time.

6. Security-Related Waivers

Limited waivers are available on a case-by-case basis for individuals involved in certain nonviolent, non-extreme activities (e.g., former members of a totalitarian party).

7. Waiver of Public Charge Grounds

Individuals likely to become a public charge may overcome inadmissibility by submitting an Affidavit of Support from a qualifying sponsor.

8. Other Waivers

Waivers may also be available for document-related grounds and lesser-known inadmissibilities like polygamy or draft evasion.

Extreme Hardship Requirement

Many waivers require applicants to demonstrate that their U.S. citizen or permanent resident relative would suffer “extreme hardship” if denied admission. This involves proving significant emotional, financial, or other types of harm to the qualifying family member.

Provisional Waivers

The Provisional Unlawful Presence Waiver (Form I-601A) allows certain individuals who are inadmissible due to unlawful presence to apply for a waiver before leaving the U.S. for consular processing. This waiver can reduce the time families are separated during the immigration process.

Process of Applying for a Waiver

The waiver application process requires submitting the correct forms (e.g., Form I-601, I-601A, I-212) and supporting evidence to demonstrate eligibility. Supporting evidence may include:

1. Medical records
2. Financial statements
3. Letters from family members, employers, and medical professionals
4. Evidence of rehabilitation (if applicable)

Why Work With Us?

At the Law Offices of Osas Iyamu, LLC, we have extensive experience handling complex inadmissibility issues. Our legal team carefully evaluates each client’s situation to determine eligibility for a waiver and diligently gathers compelling evidence to support the application. We guide you through each step of the waiver process, ensuring the best possible chance of success.

Contact Us

If you or a loved one is facing issues related to inadmissibility and requires assistance with a waiver application, contact our office today for a consultation. We are here to help you navigate this challenging process and provide the legal support you need to secure your future in the United States.