Waivers For Grounds Of Inadmissibility

Attorney Dayna Wheatley is Experienced in permanent residence waivers (Pardons) for unlawful presence (Entering into the US without inspection or overstaying) and other grounds of inadmissibility for immigrants and non-immigrants.

Permanent Resident Waivers (Pardons)

In order to obtain permanent residence  (Green Card) in the United States, immigrants must show they are admissible.  This means they must show there is nothing in their background to disqualify them. While there are many grounds of inadmissibility, not all of them can be waived (Pardoned).

Permanent residence waivers (Pardons) are complicated and the standards for approval are quite high. Not everyone will be eligible for or should apply for a waiver. It is important to consult with an immigration lawyer to determine whether a waiver is required or recommended for a particular situation. Most people will not be able to successfully obtain a waiver (Pardon) without an attorney’s help.

Waivers (Pardons) for Periods of Unlawful Presence in the United States

Most persons who entered the United States without inspection or who overstayed the time permitted for them to be here must at some point leave the country and interview at a U.S. consulate for family-based immigrant visas. They must also file for a waiver of unlawful presence. To qualify for the waiver, the applicant must show that a U.S. citizen or permanent relative spouse or parent would suffer extreme hardship if the waiver is not granted.  There are two types of waivers, one filed within the United States and one that is filed outside of it.

Persons who are present unlawfully in the United States and who want to immigrate based on a family relationship should consult with an attorney prior to filing any immigration petition or application before filing any waiver application.

Applying for the Provisional Waiver of Unlawful Presence in the United States

If the only immigration problem an immigrant has is unlawful presence in the United States, he or she may apply and wait for a provisional waiver decision here.  If the waiver is granted, the immigrant will then leave the United States to interview at the consulate.  Once the case is finally approved, the immigrant will re-enter the United States as a permanent resident.

Waivers Filed Outside the United States

People who have other issues besides unlawful presence may apply for a waiver, but they will be required to depart the United States to do so, a much riskier proposition because they could then be subject to harsh penalties preventing them from returning if the waiver application is not approved.

Waivers may be available for immigrants who commit certain crimes, suffer from particular health conditions, or commit fraud by lying or submitting false documents to gain an immigration benefit. These waivers may be applied for within the United States only if the foreign citizen entered the United States with inspection. If the immigrant was unlawfully present in addition to these other problems, however,  the foreign citizen must apply for a waiver outside the United States.

Non-­Immigrant Visa Waivers for Temporary Residence in the United States

Waivers also exist for persons who are not applying for permanent residence, e.g. the person is applying for a student or employment visa. The foreign citizen must file the application for waiver from outside the United States.

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