Waivers for Grounds of Inadmissibility Pt. 1

This article and a following one will discuss the common grounds of inadmissibility that allow for a waiver application in order to overturn the grounds of inadmissibility.

When immigration authorities find you to be inadmissible you can be refused a green card in the U. S. however, there are waivers available to immigrants or to certain foreign nationals. Basically a waiver is an exemption from the norm; when the term waiver is used in respect of or in reference to immigration laws in the U. S. it means that you ask the U. S. government to overlook or forgive the grounds for inadmissibility and grant you a green card or other benefits despite these grounds for inadmissibility.

Section 212 of the Immigration and Nationality Act (INA) outlines the grounds of that can be overturned or allow for a waiver application. This article and a following one will discuss the common grounds of inadmissibility that allow for a waiver application in order to overturn the grounds of inadmissibility.

Waiver of Unlawful Presence in the U. S.

Unlawful presence may be the most common grounds of inadmissibility for which waivers are filed. If you have been unlawfully in the U. S. and are likely to attract a three year or ten year bar on your entry into the U. S. you may be qualified to file Form I-601 – Application for Waiver of Grounds of Inadmissibility. This waiver applies if you have a U. S. citizen or lawful permanent resident spouse, fiancé or parent who will experience extreme hardship if you are denied admissibility.

-It must be noted that the term ‘extreme hardship’ is with reference to the U. S. citizen or permanent resident and not the person who is inadmissible. Further, there will be need to demonstrate the extreme hardship that will be experienced by the U. S. citizen or permanent resident. This is the hard part of the waiver mainly because the term extreme hardship is not defined in the INA but is generally understood to mean hardship that is greater than the normal hardship a qualifying relative can be expected to experience if they are denied admission into the U. S. As a result of this definition there is no wrong or right answer as to one’s extreme hardship. Further, it also means that the officer reviewing your case has a broad discretion when deciding whether or not your relative’s circumstances constitutes extreme hardship.

You however, cannot apply for this waiver on the basis of having a U. S. citizen or permanent resident child. The application is normally filed at a U. S. immigration visa interview at an overseas U. S. consulate.

Another option available is Form I-601A – Application for Provisional Unlawful Waiver; this allows individuals to get a provisional waiver from within the U. S. before leaving for their consular interview. This applies as long as they are already living in the U. S. This application includes spouses and children (adult and married) of U. S. citizens or permanent residents. When making the application consider providing evidence of mitigating factors to your waiver application; by doing this you can turn a weak application into a successful one.

To learn more find an immigration lawyer for immigration court in Cleveland, Ohio.

To find immigration lawyer in Ohio, the author recommends Herman Legal Group.