Waivers of Inadmissibility

Work with a reliable team of legal experts to obtain your waiver of inadmissibility. At Somos Immigration, our attorneys have encountered a wide range of scenarios. Although every case is different, the ultimate goal remains: obtain a successful waiver of inadmissibility so you can move forward.

We tailor our approaches according to your unique situation. Allow us to get to know you and your family so we can prepare the best case possible. Understanding your circumstances and what is important to you allows us to relay your story and to ensure your application is processed successfully.

Learn more about the details related to obtaining waivers of inadmissibility.

What Is a “Waiver of Inadmissibility?”

Waivers of inadmissibility are granted to certain individuals to waive prior immigration or criminal violations. Applicants who need waivers of inadmissibility are otherwise ineligible or “inadmissible” to the U.S. Inadmissibility  is when  a person falls under certain classes of individuals that the government determines cannot enter the U.S.  Obtaining a waiver essentially removes the ground of inadmissibility preventing certain individuals from obtaining lawful status in the United States.

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What Are Some Common Grounds of Inadmissibility?

Common grounds of inadmissibility include:

  • Criminal Convictions: Certain criminal convictions, including those categorized as “crimes involving moral turpitude,” are grounds for inadmissibility. It may be possible to obtain a waiver if your criminal history is preventing you from obtaining lawful status in the United States. Allow our legal experts to assess your situation and determine whether you qualify for a waiver.
  • Misrepresentations: Those who have previously misstated information on immigration applications or misrepresented information to U.S. government officials are inadmissible. Depending on the circumstances of your case, you may qualify for a waiver of those misrepresentations, thereby removing the obstacle keeping you from lawful status.
  • Immigration Violations: Prior immigration violations such as overstays or entries without inspection may result in inadmissibility. Be sure to consult an attorney to determine whether you qualify for a waiver for prior immigration violations as not all grounds of inadmissibility can be waived.
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What Crimes Result Inadmissibility?

There are many grounds of inadmissibility, one example is due to a person’s criminal history and whether a particular crime is a “crime involving moral turpitude.” Whether you have been convicted of a crime involving moral turpitude is a question of law, but there are some cases that are commonly considered CIMT’s. For example, offenses under this class of crime are associated with dishonesty, so many theft cases are considered crimes involving moral turpitude. Some individuals may qualify for an exception to this ground of inadmissibility. Determining whether your case qualifies for this exception requires a careful review of your case history.

What Types of Immigration Violations Cause Inadmissibility?

Inadmissibility may also be triggered by certain immigration violations. For example, you will be inadmissible for a period of three years if you lived in the United States without lawful status for 180 days, but less than one year, and then departed the United States. You would be inadmissible for ten years if you were unlawfully present in the United States for a year or more and then departed the United States. Depending on the circumstances of your case, you may be eligible to waive the ground of inadmissibility triggered by prior immigration violations. 

Where Does One Apply for a Waiver?

You apply for a waiver at the USCIS office with jurisdiction over your case, whether you are consular processing via a U.S. embassy abroad or adjusting your status within the United States. Consider speaking with a professional immigration lawyer to prepare and file the waiver application on your behalf.

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What Do You Need to Get a Waiver?

Generally, you must prove that:

  • You have a qualifying relative in the U.S.
  • Your relative would suffer extreme hardship in your absence
  • You are deserving of the waiver

What Happens After I File?

USCIS will issue receipt notices and, usually, you will be required to provide biometrics. Unless your case is an emergency, you may have to wait between three months and a year before the USCIS office reviews your application. You and your attorney will receive a decision in writing from USCIS.

What Can I Expect From Somos Immigration?

Somos Immigration is dedicated to preparing your application efficiently and with expert care. Expect our team to listen to your story and work diligently to prepare an effective application on your behalf.