Certain immigrants and non-immigrants who wish to enter or remain in the U.S. may be found inadmissible and have their request for entry denied. The following are some of the most common circumstances which may lead to a person being considered inadmissible to the U.S:
Often, a finding of inadmissibility can be overcome with careful preparation of a waiver petition filing along with a legal brief discussing the inadmissibility grounds as they pertain to the waiver applicant. Additionally, evidentiary support must be submitted to ensure that the burden of proof has been met to show that the applicant qualifies for the waiver and discretion should be exercised in their favor. The following are the types of waivers which may need to be filed based on whether the individual is a non-immigrant or immigrant and which ground of inadmissibility they may be subject to:
This type of waiver is used by immigrants and intending immigrants to overcome inadmissibility grounds. Typical grounds of inadmissibility that can be waived with a I-601 waiver include a 212(a)(9) bar for a visa overstay or for entering without inspection EWI. The 212 a 9 overstay waiver can be used for both the 3 year bar (visa overstay of less than a year but more than six months) and a 10 year bar (visa overstay of more than a year). Certain criminal grounds of inadmissibility that can be waived with a I-601 pursuant to INA 212(h), include crimes involving moral turpitude (CIMT) and multiple criminal convictions. Further, entering or attempting to gain an immigration benefit using fraud or misrepresentation subjects an individual to inadmissibility pursuant to INA 212 a 6 c, which may also be waived with an I-601 waiver.
**New Regulations may allow certain individuals to file an I-601 without leaving the U.S.
The 212 (d)(3) waiver is used by non-immigrants. It is used to request a waiver of the same grounds as those which an immigrant would file an I-601 waiver for. It is filed with a US Embassy or Consulate abroad or with a port of entry in the United States, depending on the situation and the procedures adopted by the port of entry. Based on the ground of inadmissibility, an individual may have to file a form I-192 along with supporting evidence.
The I-212 waiver is filed on behalf of those individuals who previously had a deportation order issued against them. Unlike the previously discussed waivers, the I-212 is used by both immigrants and non-immigrants. This waiver will not be required if the individual received voluntary departure and did in fact depart during the time period specified in the order issued by the Immigration Judge.
Let us help you fill out your waiver applications for admission to the U.S. Contact us at (919) 627-8823.
Our law firm files a variety of U.S. Immigration Waivers for clients who are undocumented, out of status, subject to residency requirements, subject to the three or ten year bar, Conditional Residents whose marriages are ending in divorce, individuals who entered without inspection ("EWI"), or those in need of a waiver for fraud, crimes, and more.
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If you have any questions about U.S. Immigration waivers; We are here to help.