Waivers of Inadmissibility

People are human; they make mistakes. Those mistakes may negatively affect a person’s admission to the United States or ability to remain in the United States permanently. These mistakes, intentional or unintentional, are called grounds of inadmissibility. The law provides a person with an opportunity to apply for “forgiveness” for these mistakes through a process called a waiver.

If granted, a waiver of inadmissibility, clears the way for a person to enter the United States or remain in the United States permanently. Waivers are discretionary; meeting the standard for a waiver requires the skill and expertise of an experienced lawyer. If you are facing these issues, we are here for you.

Common Grounds of Inadmissibility and Waiver Provisions:

  • Health-related grounds — INA §212(a)(1); waivable under INA §212(g) and 8 CFR §212.7(b).
  • Criminal and related grounds — INA §212(a)(2); waivable under INA §212(h) and 8 CFR §212.7(d).
  • Misrepresentation in immigration matters — INA §212(a)(6)(C)(i); waivable under INA §212(i).
  • Smuggling — INA §212(a)(6)(E); waivable under INA §212(d)(11). Unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S. — INA §212(a)(9)(B); waivable under INA §212(a)(9)(B)(v).

The standard for granting a waiver is known as “extreme hardship.” Proving extreme hardship is fact specific to each person’s life and family circumstances. Extreme hardship can be shown by long residency in the United States, strong family ties in the US, and medical issues that can’t be properly treated in the client’s home country. Waivers are a complex area of immigration law which should be handled by an experienced immigration attorney. Please contact Managing Partner Daniel Conidi for a free consultation at Dconidi@alliantlaw.us for any waiver questions you may have.