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When Are Waivers of Inadmissibility Available to Immigrants?

Posted on in Immigration

IL immigration attorneyImmigrants who are hoping to live in the United States and those who are already present in the country may encounter a variety of issues that will affect their legal status and their ability to obtain the necessary visas or Green Cards. One issue that may arise during the immigration process involves inadmissibility, in which immigration officials determine that a person is not eligible to enter the U.S. Fortunately, this will not necessarily prevent a person from immigrating to the United States, and waivers of inadmissibility may be available in certain situations.

Applying for Waivers of Inadmissibility

While there are multiple reasons why a person may be inadmissible, waivers may be available if a person meets certain requirements. These requirements include:

  • Inadmissibility for health-related reasons - If a person is inadmissible because they have been diagnosed with an infectious disease such as gonorrhea, syphilis, or leprosy, they may qualify for a waiver if they are the immediate relative of a U.S. citizen or Green Card holder or if they are applying for a visa under the Violence Against Women Act. A person who is inadmissible because they have not received required vaccinations may receive a waiver if they can provide evidence they are opposed to vaccinations because of sincerely-held religious beliefs. Those who are inadmissible due to physical or mental health disorders that are associated with harmful behavior may be able to receive a waiver if they can provide a complete medical history that includes findings about their current condition and details treatment that is available in the United States that is expected to reduce the likelihood of future harmful behavior.
  • Inadmissibility based on criminal convictions - Waivers may be available for those who are inadmissible due to crimes of moral turpitude, controlled substance violations, prostitution, or multiple criminal convictions that resulted in prison sentences of at least five years. In general, a waiver will be available if at least 15 years have passed since the criminal activity in question, although waivers may also be available in other situations.
  • Inadmissibility based on unlawful presence - A person who remained in the United States illegally for between six months and one year will be inadmissible for three years, while a person who was in the U.S. illegally for more than one year will be inadmissible for 10 years. However, these immigrants may qualify for waivers in some cases.

In many cases, a person may qualify for a waiver of inadmissibility if they can show that being denied admission to the United States would result in extreme hardship for an immediate relative who is a U.S. citizen or Green Card holder. A person who is not currently in the United States or who is applying for an adjustment of status may file Form I-601 to apply for a waiver of inadmissibility. Those who are currently in the U.S. may file Form I-601A if they have already applied for an immigrant visa and would be inadmissible due to unlawful presence.

Contact Our DuPage County Waivers of Inadmissibility Attorneys

Immigrants will need to meet multiple legal requirements and file a variety of complex forms and documents during the immigration process. To avoid problems and ensure that any difficulties that may arise are addressed correctly, immigrants and family members can work with the experienced Itasca immigration lawyers at Ana M. Mencini & Associates, P.C.. To learn how we can help with your case, contact us at 630-875-1700.

Sources:

https://www.uscis.gov/sites/default/files/document/forms/i-601instr-pc.pdf

https://www.uscis.gov/sites/default/files/document/forms/i-601ainstr.pdf

https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf

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