The government must deny an immigration application in some circumstances because of criminal issues or a person’s immigration history, however, there may be a solution through waiver applications in your immigration process.
U.S. immigration law requires that a person be found ineligible – or “inadmissible” – to come to the U.S. or to get a visa or other immigration benefit if he or she commits certain acts. A few ways a person can be found “inadmissible” include:
- Having convictions for certain crimes;
- Engaging in criminal activities or bad acts (i.e., engaging in drug use/abuse, lying to the US government to get an immigration benefit, helping a friend or family member enter the country without permission)
- Violating his or her immigration status in certain ways (e.g., being unlawfully present in the U.S. for a certain amount of time and leaving the U.S.)
- Being deported or removed from the US
Some grounds of inadmissibility can be waived by the U.S. government, while others are permanent bars.Depending on the situation, an applicant may need to apply for the waiver outside the country, and other times the waiver can be filed from within the U.S. To waive a ground of inadmissibility, a person typically – but not always – has to prove extreme hardship to qualifying family members. Waiver applications are best prepared with full client cooperation and the dedicated attention of an experienced immigration lawyer. Clients should work closely with a skilled immigration lawyer to present evidence to support a legal brief prepared by the attorney. Waiver applications are often difficult to win and require carefully presented evidence and legal arguments. Our office will review your case and provide an honest assessment of a waiver application.