What are Waivers of Inadmissibility?
Certain kinds of conduct will make a noncitizen inadmissible to the United States (sometimes even if the person already is a lawful permanent resident).
The most common issues include past unlawful presence, fraud or misrepresentation, use of false documents, commission of a crime involving moral turpitude, and a prior order of removal. These issues may stand in the way of a noncitizen’s attempt to immigrate to the United States or even return to the United States after a brief trip out of the country.
Types of Waivers
Different waivers forgive certain grounds of inadmissibility. The forms used include I-212, I-601, and I-602. In removal proceedings additional forms are used as well.
- INA 212 (h) waives crimes of moral turpitude and possession of marijuana less than 30 grams.
- INA 212 (i) waives certain misrepresentations.
- INA 212 (a) (9) (B) (v) waives past unlawful presence in some circumstances.
Waivers are not available, however, for some grounds of inadmissibility, such as drug trafficking or false claims to U.S. Citizenship after September 30, 1996.
The waivers for unlawful presence, misrepresentation, and commission of a crime of moral turpitude usually require:
- the existence of a relationship to a qualifying U.S. Citizen or permanent resident family member;
- a showing that denial of the waiver would result in extreme hardship to the family member; and
- a favorable exercise of discretion.
Certain violent criminal offenses require a higher level of hardship, while some of the other waivers are easier to obtain.
Waiver Requirements
Each waiver has its own requirements and there is a lot of confusion and misconceptions about how they work. Our expert attorneys will assess your eligibility for the waivers needed to overcome your grounds of inadmissibility in order to obtain your visa and will be able to evaluate the strengths and weaknesses of your case to obtain your waiver. This will allow you to make informed choices about your future steps to achieving immigration status in the United States.
Contact our Immigration Law Firm in Orlando, Florida
If you may need a waiver of inadmissibility, then you should seek help from an experienced board certified attorney who has proven their qualifications to the State Bar in order to have that designation. Call us at (407) 674-6968 during office hours or fill out the online form located at the top of this page and we will call you right back. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. US Immigration Attorneys Suzanne E. Vazquez and Maud Poudat are Board Certified as experts in Immigration Law by the Florida bar. Based in Orlando, Fl.
