Waivers of Grounds of Inadmissibility

Overcoming Visa Refusals

ADMISSIBILITY TO THE US

US visa applications will only be approved if the consular officers determines that the visa applicants are eligible for admission to the US.

If a consular officer decides that a visa applicant is not eligible for admission to the US, the application may be denied and the visa refused.

There are many statutory reasons why a visa applicant may be determined to be inadmissible to the US, including (but not limited to):

Health, including:
- Failure to obtain vaccinations
- Communicable diseases of public health significance
- Disorders (mental or physical) associated with harmful behavior
Criminal activity, including:
- Crimes involving moral turpitude
- Controlled substance violations
Fraud or misrepresentation of material facts while applying for a US visa or seeking admission to the US
Previous periods of unlawful presence in the US
Likelihood of becoming primarily dependent on the US government for subsistence
National security, including participation in:
- Espionage or terrorism against the US
- Genocide
- Nazi persecution
Abuse of student visas
Presumption of immigrant status (when applying for a non-immigrant visa)

For some grounds of inadmissibility (eg, presumption of immigrant intent when applying for a non-immigrant visa), no waiver is possible. However, for other grounds of inadmissibility (eg, incomplete vaccination record with an immigrant visa application), it may be possible for a visa applicant to obtain a waiver of that particular ground of inadmissibility.

GROUNDS FOR INADMISSIBILITY

WAIVERS OF INADMISSIBILITY: GREEN CARDS

Under certain circumstances, green card applicants who are initially deemed inadmissible can be granted a waiver and thereafter receive their green card. The process for applying for a waiver often involves submission of forms (such as I-601 or I-601A) and supporting evidence to USCIS.

The evidentiary basis needed for such waiver requests is not the same for all grounds of inadmissibility. For example, the approval of some (but not all) waiver applications requires a showing of extreme hardship to a qualifying relative (a US citizen or lawful permanent resident who is the applicant’s spouse, parent, son or daughter).

If an applicant for an immigrant visa or adjustment of status is granted a waiver of a particular ground of inadmissibility, that waiver is valid indefinitely. If the waiver is obtained in connection with an application for lawful permanent residence on a conditional basis, the validity of the waiver automatically ceases with the termination of such residence.

Non-immigrant visas are visas that are not associated with the intent to become a lawful permanent resident of the US. For example, student visas and tourist visas are non-immigrant visas.

A consular officer who determines that an applicant for a non-immigrant visa is not eligible for admission to the US may subsequently consider whether that applicant is eligible for a waiver of inadmissibility. Eligibility for such a waiver is not conditioned on family relationships.

When considering whether an applicant is eligible for a waiver under INA 212(d)(3)(A), consular officers consider the following factors:

The recency and seriousness of the activity or condition causing the applicant’s ineligibility
The reasons for the proposed travel to the United States
The positive or negative effect, if any, of the planned travel on US public interests
Whether there is a single, isolated incident or a pattern of misconduct
Evidence of reformation or rehabilitation.

WAIVERS OF INADMISSIBILITY: NON-IMMIGRANT VISAS

OUR LAW FIRM’S SERVICE

Our law firm provides the following support regarding waivers:

Preparation and completion of any and all required forms
Identification of evidence needed to support the waiver request
Ongoing legal counsel and advice

If you are concerned that your visa application might be denied, you can schedule a 30-minute video consultation to learn more about the legal grounds of inadmissibility and discuss how those grounds might be relevant in your visa application.

You can also schedule a 30-minute video consultation to learn more about the requirements for waivers and discuss how the specific facts of your case may strengthen or weaken your waiver application.

WAIVER CONSULTATIONS

Schedule Your 30-Minute Waiver Consultation

If you currently reside in the European Union

If you do NOT currently reside in the European Union