Waivers
Our experienced immigration law firm will help make your American Dream come true by filing appropriate waivers of the circumstances that otherwise would make you inadmissible or removable.
Most common grounds of inadmissibility
Sometimes, an individual who is the beneficiary of an employment or family based petition is not eligible to adjust his/her status because for one reason or another he is considered inadmissible or is subject to being removed. The most common grounds of inadmissibility are the following.
- Criminal and related grounds
- Foreign residence
- Health related grounds
- Misrepresentation grounds
- Public charge grounds
- Security and foreign policy grounds
- Stowaways and smugglers
- Unlawful presence
- Other miscellaneous grounds (polygamists, international child abductors…)
Our experienced immigration attorney will help you understand which ground applies to your specific situation and then work with you to find solutions to help you stay in the U.S. or, reenter the U.S.
Waivers of Inadmissibility
Nonimmigrant
Waivers for nonimmigrants are more liberally granted and the U.S. Department of Homeland Security has the broad authority to waive most grounds of inadmissibility for foreign nationals applying for a nonimmigrant visa or applying for admission at a port of entry.
Our team will work with you to get your entire story in order to elicit relevant facts to the most compelling application possible.
Immigrants
The following grounds of inadmissibility can be waived in certain specific circumstances:
- Unlawful presence
- Health related grounds
- Fraudulent misrepresentation
- Criminal and related grounds
- Foreign residence requirement for J visa holders
- Lack of documentation
Timing and Process
Depending of your situation, you may be able to apply for Adjustment of Status while remaining in the United States or you will need to go through consular processing abroad. It is preferable to apply for Adjustment of Status when there is a potential issue with a ground of inadmissibility so that client can remain in the U.S. while the application for the waiver is pending. Processing an application for a waiver of inadmissibility is currently taking approximately 6 months.