Immigrants who might otherwise be inadmissible to the U.S. could qualify for a Waiver of Inadmissibility if they are able to demonstrate that their absence from the U.S. would negatively impact their family in the country, which may allow them to continue to live and work as immigrants. So who qualifies for a waiver of inadmissibility?
To determine whether you qualify for a waiver of inadmissibility or to learn about alternative options to help you stay in the U.S., consult with the Chicago immigration attorneys at Khalaf & Abuzir, LLC, by calling 708-694-3859.
Common Grounds of Inadmissibility Under U.S. Immigration Law
There are multiple grounds of inadmissibility that might cause U.S. Citizenship and Immigration Services (USCIS) to reject a person’s application to enter or remain in the U.S.
These grounds may include:
- Unlawful Presence: If you are in the U.S. unlawfully, whether undocumented or with an expired visa, you may receive a ban from reentry of anywhere from three to 10 years, with the length of time depending on the amount of time you have overstayed your visa.
- Misrepresentation or Fraud: If your application forms and supporting documentation contain intentionally incorrect or fraudulent information, this could render you inadmissible to the U.S.
- Criminal History: Crimes of moral turpitude, drug crimes, and other serious convictions could prevent individuals from entering or remaining in the U.S., with some convictions making individuals ineligible for a waiver.
- Medical Condition: Certain serious health issues and illnesses may also make someone inadmissible, especially if there is a risk of a communicable disease spreading, such as infectious leprosy, syphilis, and tuberculosis.
- Other Security Concerns: Known membership in terrorist organizations or totalitarian government bodies could indicate a serious risk to the American public, rendering an immigrant inadmissible.
What Is a Waiver of Inadmissibility?
Depending on whether a person qualifies, he or she may be able to apply for a waiver of inadmissibility to continue attempting to gain entry to or remain within the U.S. There are three primary types of inadmissibility waivers, including an I-601, I-601A, and 212(d)(3) waiver.
The I-601 waiver may apply to people who would otherwise be inadmissible due to fraud, health conditions, or criminal history. For instance, an immigrant may be able to show that despite his or her health condition, the benefits of staying in the U.S. for his or her family and community outweigh the risks related to the condition.
Meanwhile, Form I-601A, Provisional Unlawful Presence Waiver, may apply to individuals who are inadmissible because of unlawful presence. The 212(d)(3) Non-immigrant Waiver, on the other hand, applies to non-immigrants who wish to visit the U.S. for a limited time for a specific purpose.
Who Qualifies for a Waiver of Inadmissibility?
According to USCIS data, the approval rate for Waivers of Inadmissibility, including Form I-601 and Form I-601A, is around 70% to 80%, making it likely that many applicants will successfully go through. To qualify for this waiver, you must meet the following critical Waiver of Inadmissibility requirements:
Proof of Extreme Hardship
In many cases, waiver applicants must be able to show that their absence in the U.S. could cause their sponsoring family members extreme hardship, such as financial insecurity.
Proof of Relationship With Those Facing Hardship
You will also need to show a clear relationship to the family member in question, including an LPR or U.S. citizen.
Evidence of Rehabilitation
If a criminal conviction is a ground for inadmissibility, you will need to prove that you have undergone rehabilitation and do not intend to commit future criminal acts.
What USCIS Considers When Reviewing a Waiver Application
When deciding whether to grant a Waiver of Inadmissibility, USCIS will review various documents, including the application itself, fingerprints and other biometric data, and supporting documentation proving a relationship with a party who could suffer hardship in the event of the applicant’s absence.
When to Hire an Immigration Attorney in Chicago
For help with applying for a Waiver of Inadmissibility, finding out why USCIS is taking so long to process an application, or other matters, consider hiring an immigration lawyer.
In a consultation, you can find out how an attorney might help you, how much immigration lawyers charge, and what types of immigration cases lawyers typically handle, with more information about your available legal options when seeking to remain legally in the U.S.
To find out what the legal team at Khalaf & Abuzir, LLC, could do for you, contact us today to schedule a consultation.
