Waivers of Inadmissibility

Often if a person wants to apply for a temporary visa or permanent residence, he or she may need a waiver to do so.  There are many reasons why a person might need a waiver.  For example, an individual who entered the United States without inspection but now wishes to apply for permanent residence must request a waiver of the 10-year bar that he received for being “unlawfully present” in the United States for more than a year before departing the United States to consular process.  An individual will also need a waiver if he or she has even the most minor drug-related offense.  Additionally, a person who was previously deported but now seeks to enter the United States legally may need a waiver to do so.

Non-immigrant Waiver

A person who is inadmissible to immigrate to the United States may still in many instances obtain a nonimmigrant waiver to enter the United States temporarily on a nonimmigrant visa.  If a consular officer finds the person inadmissible, the officer may not grant the visa until the nonimmigrant waiver has been approved.  The nonimmigrant waiver process is slightly simpler than the waiver process for permanent residence applicants.

Permanent Residence

A person may be inadmissible for permanent residence for a number of reasons, including overstaying a visa, being convicted of certain crimes, entering the United States illegally, and being previously deported. If a person is inadmissible, his or her application for permanent residence will be denied. However, many of these causes of inadmissibility may be “forgiven” through the waiver process. Obtaining a waiver in a permanent residence case is more complicated than a waiver for a temporary visa. In order to receive a waiver, the intending immigrant must show extreme hardship to a qualifying relative, such as a U.S. citizen or permanent resident spouse or parent, if the intending immigrant will have to remain outside the United States. If you believe you may be eligible for a waiver, please contact Eagan Immigration.

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