Waivers
Under U.S. immigration law, foreign nationals with past transgressions, whether they be U.S. immigration violations, criminal violations or other violations that make the foreign national inadmissible to the U.S., can sometimes overcome those transgressions to enter the U.S. – whether it be for non-immigrant purposes or immigrant purposes.
Depending on the past transgressions involved, and whether the foreign national is seeking to enter the U.S. for non-immigrant or immigrant purposes, there are different waivers available, each with different statutory requirements under the Immigration and Nationality Act (INA).
Some foreign nationals may require one waiver only one waiver, while others may require more than one to overcome their ground(s) of inadmissibility. Depending on the type of waiver being sought, the adjudicating agency, the processing time and the statutory requirements will vary – however, all have a common element – discretion. Therefore, because of the very discretionary nature of these applications, it is essential that waiver applicants submit comprehensive and detailed application packets establishing their eligibility for the waiver being sought.
Examples:
A Indian foreign national who has been previously removed from the U.S. and has a criminal conviction which renders him or her inadmissible, and who seeks to enter the U.S. as a business visitor, would require two waivers – a waiver of inadmissibility under INA §212(d)(3) and consent to reapply under INA §212(a)(9)(A)(iii).
A foreign national who is subject to the unlawful presence bar under INA §212(a)(9)(B)(i)(II) of ten years, and who is seeking to enter the U.S. as the spouse of a U.S. citizen and obtain their lawful permanent resident status (i.e. green card), would require an immigrant waiver under INA §212(h).
A foreign national who entered the U.S. to complete their foreign medical training as a J-1 physician who is subject to the two-year home residency requirement under INA §212(e), who is now married to a U.S. citizen, and who is unable/does not want to complete such residency requirement, would need to obtain a waiver of the two-year home residency requirement prior to being able to adjust their status to that of a lawful permanent resident.
For more information, please visit the following pages:
Please also visit our firm’s specialty blog – SRW Border Lawyers – for additional information on admissibility issues and border problems. Our Border Blog discusses the types of problems often incur when attempting to enter the U.S. and possible solutions to overcome their issues. Some of the issues are denial of admission, resolving issues of inadmissibility, challenging expedited removal orders, port of entry/humanitarian parole requests, vacating/amending charges of fraud/misrepresentation, etc.
If you are a foreign national who has concerns about their ability to enter the U.S. or are aware that you are inadmissible to the U.S., and would like to discuss your eligibility for the necessary waiver(s) to overcome your inadmissibility, please contact our office to schedule a consultation.
