What Is An Immigration Waiver?

If your U.S. visa application is denied and the authorities declare you inadmissible, you have an opportunity to appeal to get an immigration waiver. You can only apply for the waiver to request the United States Citizenship and Immigration Services (USCIS) to let off the reasons they declared you inadmissible and allow you to enter the U.S. legally.

Why are Individuals Declared Inadmissible?

The Immigration and Nationality Act (INA) has set common grounds for labeling individuals as inadmissible to enter the United States. If your Green Card application has been denied, consider hiring the services of a Florida immigration attorney like Bridgette Bennett of Bennett Law Center. Here are some of the grounds of inadmissibility warranting waiver application:

  • Unlawful entry to the United States
  • Health-related issues
  • Criminal convictions
  • Fraud or misrepresentation

Waiver of Unlawful Presence in the U.S.

You might be deemed inadmissible if you are unlawfully present in the United States. Although unlawful immigration can be subject to a three or ten-year bar, you’re eligible to file Form 1-601 that offers forgiveness for unlawful entry or presence in the U.S. However, the waiver is not eligible for people with terrorism, espionage, and specific criminal charges.

Medical Condition Waiver

This waiver extends to foreigners with infectious diseases, drug addictions and dangerous mental or physical disorders. Besides, it can also extend to foreign nationals with contagious illnesses and have failed to get vaccinated. You can only apply for the waiver if you’re a spouse or child of a U.S. citizen or a foreigner with an immigrant visa.

Criminal Conviction Waiver

If you were declared inadmissible to the U.S. due to your previous criminal history, you might be eligible to apply for an immigration waiver. You can apply for the criminal conviction waiver if you were convicted for prostitution, criminal acts of moral turpitude, and a single charge of possession of fewer than 30 grams of marijuana.

However, you may not be eligible for the waiver if you were previously charged for torture, murder, or aggravated felonies. If you believe that a previous criminal charge may limit your plans to move to and live in the United States legally, seeking the services of an immigration attorney may be a prudent option.

Fraud or Misrepresentation Waiver

You can also apply for a waiver if you were declared inadmissible because you received immigration benefits through fraud or misrepresentation of information. However, you need to be a spouse or a child of a lawful permanent resident or U.S. citizen to apply for the waiver. You will also need to prove that admission denial may lead to severe hardship for your relative.

Seek Legal Support from Florida Immigration Attorneys

If the immigration authorities declare you inadmissible, you may lose your permanent residence status or, worse still, be subject to deportation. You can find the legal support you need for immigration waiver applications at the Bennett Law Center. Our attorneys will offer the legal advice you need to fight for the chance to remain in the U.S. Contact us online or call us at 352-557-8989 to schedule a consultation and discover how we can help you with your case.

352-557-8989