Grounds of Inadmissibility
U.S. immigration law lists numerous grounds for inadmissibility. A few of the major determining factors are:
- Health-related grounds:including (among other things) diagnoses of communicable diseases, failure to get required immunizations, dangerous physical or mental disorders and drug addictions.
- Criminal and related grounds:including, for example, crimes of moral turpitude (conduct that is considered contrary to community standards of justice, honesty or good morals), drug-related offenses in the United States or abroad, multiple criminal convictions resulting in five or more years’ incarceration, drug trafficking, prostitution, sex trafficking and money laundering.
- Misrepresentation or fraud:which includes falsifying/misrepresenting key information to get a visa and/or committing fraud while making a visa application.
- Unlawful presence (and related grounds): which includes (among other offenses) being in the United States illegally, falsely claiming U.S. citizenship, entering the country as a stowaway, smuggling and abuse of a student visa.
Do any of these inadmissibility grounds apply to you? Or, are you not sure if one or more of these grounds applies to you? In either of these cases, you should speak with a licensed immigration lawyer who may recommend that you pursue a specific type of immigration waiver.
Extreme Hardship Waiver
A waiver of inadmissibility is dependent first upon a showing that a bar imposes an extreme hardship on qualifying family member. The key term is extreme and thus only in cases of actual or prospective injury to the United States citizen or lawful permanent resident will the bar be removed. Congress provided this hardship waiver, but limited its application. Extreme hardship can be demonstrated in many aspects;
HEALTH-Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of treatment; whether a condition is chronic, long or short term.
FINANCIAL CONSIDERATIONS- Future employability; loss due to sale of home or business or termination of professional practice; decline standard of living; ability to recoup short term losses; cost of extraordinary needs, such as special education or training for children; cost of caring for family members.
EDUCATION- Loss of opportunity for higher education; lower quality or limited scope of education option.
PERSONAL CONSIDERTIONS- Close relatives in the United States and/or your country; separation from spouse/children of involved parties.
Any other information that explains how your personal circumstances may qualify as imposing extreme hardship on qualifying U.S citizen or lawful permanent resident.
Provisional Unlawful Presence Waivers
Since March 4th, 2013, certain immigrant visa applicants who are immediate relatives (spouse, children and parents) of US citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and waiver of inadmissibility for unlawful presence in the Unites States.
Foreign nationals who are not eligible to adjust status in the United Status must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bar. Typically these people cannot apply for waver until after they have appeared for the immigrant visa interview abroad, and the DOS consular officer has determined that they are inadmissible to the US.
The provisional unlawful presence waiver process allows those individuals who are statutory eligible for an immigrant visa who need to apply for the waiver in the US. The new process shortens time that the US citizens and LPR family members. An individual can apply for the I-601 provisional waiver after your I-130 is approved by proving extreme hardship on the US citizen behalf. There could be different kind of hardships i.e. medical, financial, emotional etc.
After the application is approved you will be scheduled a interview date at the US embassy abroad where you would have to leave the US and re-enter with a immigrant visa.
J visa Waiver
A J-1 Waiver is sought in order to pass the rule that requires J-1 holders to be physically present in their home country for two years. A no objection letter indicates that the home country government permits waiving the two year home residency requirement. This statement can be obtained by first contacting your home country’s consulate at the embassy. After obtaining a case number from Department of state you can then have your home country’s embassy submit the statement. There are five bases you can apply for waiver. This includes a no objection statement from your home country, an IGA waiver, claim of persecution, and claim of exceptional hardship, it applies to the dependents i.e. J-2.