Waivers or Admissibility

Immigration is complex and constantly changing. Giga Advisory Group can make a significant difference in your case. Reach out to us if you are or have been in deportation otherwise known as removal proceedings. Additionally, we are here to aid you if you are deemed inadmissible by the United States. For instance, if you have spent time in the United States unlawfully, committed a crime and or previously been dishonest to the United States Government. We can help explain your case to United States Citizenship and Immigration Services, USCIS and or the Executive Office for Immigration Review, EOIR.

FAQS

1. What are the principal grounds of inadmissibility? See I.N.A. § 212, 8 U.S.C. §1182

The primary grounds of inadmissibility are:

Previous immigration violations including a prior deportation or removal orders
Criminal activity including certain criminal convictions, or if one has committed crimes of moral turpitude, drug trafficking, human trafficking, etc.
Misrepresentation or fraud such as lying on a visa application
National security and terrorism-related grounds including associating with terrorist organizations.
Health-related grounds including communicable diseases, lack of vaccinations, drug abuse.
Public charge, i.e. the likelihood of becoming dependent on government assistance.
Unlawful presence such as illegal entry and or overstaying a visa.
False claims of U.S. citizenship

2. Can someone who is inadmissible apply for a waiver?

Yes, certain grounds of inadmissibility can be waived through specific applications. For example:

Waivers for unlawful presence: One can apply for a waiver of certain inadmissibility grounds, such as unlawful presence or criminal convictions.
Waivers for health-related grounds: One can apply for waivers related to health concerns if it can be shown that denial of the application would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
Waivers for criminal grounds: In some cases, applicants who have minor criminal convictions may be eligible for waivers under specific circumstances.

3. How does inadmissibility affect green card or visa applications?

If an applicant is found to be inadmissible, their application for a green card, i.e. permanent residency or visa can be denied. The specific consequences depend on the ground of inadmissibility. For instance, if someone is found to have committed fraud or misrepresentation in a previous application, their green card or visa application may be automatically denied. If someone is inadmissible due to unlawful presence, they may be subject to a bar that prevents them from re-entering the U.S. for several years, 3 years, 10 years, or permanently, depending on the situation.

4. Can inadmissibility be overcome if the applicant has family in the U.S.?

Having a U.S. citizen or lawful permanent resident, LPR family member can sometimes help an applicant overcome certain grounds of inadmissibility. For instance a waiver for unlawful presence or criminal issues may be possible if the applicant can demonstrate that refusal to admit them would cause “extreme hardship” to a U.S. citizen or LPR spouse or parent. In some cases, a family-based petition can support the applicant’s request for a waiver, although it is not a guarantee

5. Can a previously deported person be readmitted to the U.S.?

An individual who has been deported may face a bar from re-entering the U.S. for several years or even permanently, depending on the circumstances of the deportation. For instance if someone overstays a visa for more than 180 days but less than one year, they may face a 3-year ban from re-entering the U.S. If someone overstays for more than one year or has been deported, they may face a 10-year bar. In some cases, it is possible to apply for a waiver of these bars depending on the situation.

US Immigration Services

Immigration law is complex and constantly changing. Giga Advisory Group can make a significant difference in your case. Reach out to us if you are or have been in deportation otherwise known as removal proceedings. Additionally, we are here to aid you if you are deemed inadmissible by the United States. For instance, if you have spent time in the United States unlawfully, committed a crime and or previously been dishonest to the United States Government. We can help explain your case to United States Citizenship and Immigration Services, USCIS and or the Executive Office for Immigration Review, EOIR.