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What is a Waiver of Inadmissibility?

Chicago immigration attorneys, immigration violations, national security risks, provisional waiver, unlawful presence, waiver of inadmissibilityWhen immigrating, it is important to be scrupulously honest in all your paperwork. That includes disclosing any criminal record or disease that you may have. While you might think that disclosing things of that nature would be a proverbial deal-breaker, this is not the case. For most problems, waivers are available if the correct process is followed.

Reasons for a Waiver of Inadmissibility

There are many reasons why someone might be declared inadmissible to the United States, and there are waivers available for most of them. Inadmissible simply means someone is not able to be admitted to the United States as an immigrant or nonimmigrant visitor (depending on what type of visa he or she obtained). If the condition that makes him or her inadmissible can either be removed or sufficiently explained, a waiver can be granted. A waiver essentially forgives whatever past transgression made the person inadmissible.

The most common reasons people apply for waivers are either due to health problems or a past criminal record, both of which can be grounds for a permanent bar. Immigration violations, in particular, can be difficult to overcome. However, the only criminal record for which no waiver is possible is for crimes involving national security risks—anything advocating the overthrow of the government or membership in certain groups, such as the Nazi Party. For a green card applicant, there is no waiver possible if he or she is a drug addict or trafficker, or has committed murder (political or otherwise).

In theory, no waivers are supposed to be possible for other categories, but waivers may be granted on humanitarian grounds, provided that a showing of “unusual and extreme hardship” to the alien’s qualifying relatives can be made. Merely having U.S. citizen children and requiring them to move to a new country is not enough to meet the standard.

How to Obtain a Waiver

The waiver for which most, if not all, will apply will involve the I-601 form, or Application for Waiver of Grounds of Inadmissibility. This is the waiver that applies to those with immigration violations, except sometimes for those who previously entered without inspection; those who have been unlawfully present for a certain period of time will simply have to exit the country and wait out the three or 10-year bar.

For those who are eligible, the I-601 works very similarly to other immigration requests, and full and complete documentation must be provided along with the application. However, there is also another option for those who have a bar they must wait out. It is called a provisional waiver of unlawful presence, and it enables those who must wait out a three or 10-year bar abroad to apply to return a bit quicker. But, this is only available for those who have no other inadmissibility problems. With a provisional waiver, those who are inadmissible due to an overstay can actually apply for the waiver before they leave the U.S., which significantly shortens the waiting time abroad.

Contact an Immigration Attorney

If you are in a situation where you need to apply for a waiver of inadmissibility, or you have a loved one who is eligible for a provisional waiver, the Chicago immigration attorneys at Katz Law Office, Ltd. can help. We have multiple convenient Chicagoland locations, as well as one in Mexico City, where we can put our expertise to work for you. Contact us for a consultation today.

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