If you or a loved one has been found inadmissible to the United States, or you believe that there is a strong possibility that this will be the case, don’t give up! There are still options available for you and your family. One of the best options for those in this situation is to apply for a waiver of inadmissibility. In the simplest terms, a waiver of inadmissibility is your request to the US government to forgive reason you are inadmissible in the first place.

There are two main categories of waivers to consider. Read through each to see which type you are most likely to qualify for.

  • Waiver of Inadmissibility for Immigrant Visa Applicants – This option is for those who seeking to enter the US as lawful permanent residents (in other words, a green card). Many people are declared inadmissible for a wide variety of reasons because of past mistakes. People made be inadmissible for simpler things, such as health related grounds or membership in a totalitarian party. Some reasons are more complicated, such as having been convicted of certain criminal acts, fraud or misrepresentation when entering the US. Applicants who have been removed from the US or who were barred for 3 or 10 years due to unlawful presence can also apply for waivers.
  • Waiver of Inadmissibility for Nonimmigrant Visa Applicants – If you are looking to come into the United States for work, education or another temporary reason you may be getting denied because of issues in your past. Things like a history of illness, criminal activity or other problems can cause significant issues with applying for a visa. It is not uncommon for people to make these types of mistakes in the past, and then want to come to America legally now that they are more responsible adults.

If you feel that you fall within any of these three categories you may be able to qualify for a waiver of inadmissibility.

Who Can File a Waiver?

These waivers can be given to individuals who are looking to legally move to the United States permanently, or for a temporary visit. Each type of waiver will require you to fill out a specific immigration form and submit it to the proper immigration office. If you are already in the United States this will likely be a local Department of State. For those who are outside of the United States, you can typically submit them at the US embassy or consulate office.

You Are Not Eligible If You …

Have an Aggravated Felony. An aggravated felony used to be easily understood and included murder, federal drug trafficking, and illicit trafficking of certain firearms and destructive devices. Today, the term “aggravated felony” includes more than 30 types of offenses, including simple battery, theft, filing a false tax return, and failing to appear in court. There is no waiver for someone who has an “aggravated felony” on her record.

Face Other Challenges, such as:

  • are a drug user/drug addict.
  • committed espionage.
  • committed genocide.
  • participated in international child abduction.
  • unlawfully voted.

If you aren’t sure if your situation qualifies for a waiver, contact us to discuss your circumstances, review your court records, and apply immigration law to reach a conclusion for you.

If You Are Eligible, Complete the Application Properly

One of the most important things to remember when applying for any type of waiver is to make sure you complete all the paperwork properly, and supply the required documents. At the same time, seeking one or more waiver in order for you to enter the US with permission is not about checking off some boxes and sending in a form. It’s about providing the right evidence and clarifying what may have been done in the past. Keep in mind that if you’re asking for a waiver, you likely already have a negative history with the immigration office, so you want to be 100% open and honest with them to show that you are looking to do the right thing.

Unless you are quite confident with navigating the immigration system, it is a good idea to have an immigration attorney, like Christine Swenson and our team at Swenson Law Office, PC, help you with your case. We can help you evaluate the likelihood of success, identify alternatives and problem areas, and do everything we can to maximize your chance of success.

Whether you are asking for one or more waivers of inadmissibility, we have the expertise and experience to support you from beginning to end. Please contact us today if you’d like further assistance!

Swenson  Law Office, PC

5161 E. Arapahoe Rd., Suite 120