In order to obtain a U.S. visa or green card, you must be found to be “admissible.” U.S. immigration authorities may find you to be inadmissible for various reasons such as unlawful presence, criminal convictions, misrepresentations and fraudulent statements, or a previous deportation or removal from the U.S. Although a finding of inadmissibility can be surprising and discouraging, there may still be hope in your case. More specifically, you may be eligible for a waiver of inadmissibility which will allow you to enter or remain in the U.S.
There are different eligibility requirements for each ground of inadmissibility and it is therefore important to understand the particular eligibility requirements in your case. However, several waivers of inadmissibility require you to demonstrate that you have a spouse or parent who is a lawful permanent resident or U.S. citizen, that your family member would suffer extreme hardship if you are inadmissible, and that you deserve the waiver. Since a USCIS adjudicator can use his or her discretion to determine whether you meet some of the waiver requirements such as extreme hardship to a family member or being deserving of the waiver, it is extremely important that you work with an experienced immigration attorney. An attorney will carefully evaluate the facts of your case and determine what type of arguments and supporting documentation will provide you with the best chance of convincing the officer that you meet the requirements for the waiver and merit a favorable exercise of discretion in your case.
There are various waivers that may be available to you such as the I-601A Waiver, I-601 Waiver, or the I-212 Waiver.
The I-601A Waiver or provisional unlawful presence waiver is available to individuals who are statutorily eligible for an immigrant visa and who only require a waiver due to their unlawful presence in the U.S. These individuals may request a provisional waiver of the unlawful presence grounds of inadmissibility before they leave the U.S. for their immigrant visa interview at a U.S. Consulate or U.S. Embassy abroad.
This process was developed to shorten the time that U.S. citizens and Lawful Permanent Residents (LPRs) are separated from their relatives while these relatives are obtaining their immigrant visas abroad.
It is important to emphasize that this waiver is available to applicants whose only ground of inadmissibility is unlawful presence. If any other grounds of inadmissibility apply in your case, you will need to apply for a different type of waiver. There is also the possibility that a waiver does not exist for a particular ground of inadmissibility. If an additional ground applies in your case that was not disclosed prior to your departure for your immigrant visa interview, you will be separated from your family for a longer period of time than expected. It is therefore critical to disclose all of the facts of your case to an experienced immigration attorney. Contact our office to speak to an I-601A waiver lawyer in Tampa, FL who can determine whether you are eligible for an I-601A Waiver.
The I-601 Waiver or waiver of grounds of inadmissibility is another waiver that you may be able to apply for to waive certain grounds of inadmissibility such as criminal or smuggling grounds. Your eligibility for the waiver will depend on the immigration benefit you are seeking and the reason for your inadmissibility. As previously discussed, in most cases, you will need to demonstrate that a qualifying relative would suffer extreme hardship if you are found to be inadmissible. It is therefore important to discuss the details of your case with a qualified immigration attorney who will know how to prepare the strongest application possible. Please contact us to speak to a Tampa I-601 waiver attorney about your case.
Also, you may be eligible for an I-212 Waiver if you have been ordered removed from the U.S. or if you are unlawfully present in the U.S. after previous immigration violations. By filing the I-212 Waiver, you are seeking consent or permission to reapply for admission to the U.S. so that you can lawfully return to the U.S.
If you believe that you may require a waiver in your case, please call our office today to consult a waivers of inadmissibility lawyer in Tampa, FL.