For an immigrant, coming or staying in the U.S. can be challenging. The immigration laws are strict. Many immigrants struggle to legally enter or remain in the country.. There are waivers for immigration that pardon individuals for certain circumstances.
If you plan on immigrating to the U.S., you need to meet the requirements. The U.S. has several grounds for inadmissibility. If you are designated as inadmissible, you will not be able to enter the country. This is regardless of the duration of your trip. Even a short-term business trip could be out of the question.
Reasons the government could deny you entry to the US:
- Health-Related Grounds
The U.S. Government does not want certain diseases to be spread to the country. Therefore, there are several health-related grounds for inadmissibility. They include communicable disease, a failure to have immunizations, drug addictions, and dangerous disorders. It is possible that your health could keep you from becoming an immigrant.
- Criminal Grounds
There are strict regulations and laws prohibiting individuals with certain criminal histories from coming to the U.S. For instance, crimes of moral turpitude could preclude you from immigrating. Certain drug-related offenses can do the same.
Other criminal grounds that can bar you from entering the U.S. include the following:
- Prostitution
- Multiple criminal convictions with a total of five years or more of jail time
- Laundering money
- Sex trafficking
- Trafficking drugs
- Fraud or Misrepresenting Yourself
If you lie on your visa application, the consequences could be serious. Falsifying information on your visa is enough of a reason for the government to deny you from entry.
Therefore, you should be completely honest on your application. If you fear that your honesty will prevent you from having a successful application, you should work with a lawyer.
- Unlawful Presence
Coming to the U.S. illegally could be a recipe for disaster. Whether you come as a stowaway, lie about having U.S. citizenship, or abuse your student visa, you could face deportation. You could also lose any chance of legal immigration to the U.S. in the future.
Fortunately, a waiver can change the situation. With the right waiver, you may be able to overcome your inadmissible status.
What are Waivers for Immigration?
In the U.S., immigrants are held to a certain standard. People from other countries don’t only need to comply with state and federal laws; they also must comply with immigration laws. If they violate a law, then the government could refuse entry to the country or deport them.
For instance, a green card holder could face charges for marijuana possession. A court could find them guilty and sentence them accordingly. However, there could be an even more serious consequence. Because immigration laws prohibit crimes that involve controlled substances, the individual could be deported.
If the individual applies for a waiver, they may be able to avoid deportation. There is one waiver that forgives individuals who commit one offense that involves 30 grams or less of marijuana. This type of waiver is automatic.
The similar is true of prior offenses. If you want a visa for the U.S., you could be ineligible for it due to your criminal charges. But a waiver could make all the difference. You may be able to find a waiver that fits your situation. In some cases, the waivers are automatic. Other waivers require applications.
Waivers Requiring Applications
If your situation doesn’t warrant an automatic waiver, you need to fill out an application. You need to make sure that your situation meets the requirements for the waiver. Additionally, you also need to show that you deserve the waiver.
In most cases, this means showing some type of hardship to the applicant’s family members. The applicant must show that deportation would hurt family members who are U.S. citizens or permanent residents.
Waivers for Entering the Country
In some cases, a waiver can help you come to the U.S. If you are applying for a visa, you need to meet all the requirements. Choosing the right waiver could allow you to achieve residency even if you fail to meet the immigration requirements.
Types of Waivers
There are several types of immigration waivers. Some waivers allow for easier immigration, while others prevent deportation. For instance, there are waivers for all of the following:
- Fraud or misrepresentation
- Criminal convictions
- Unlawful presence
- Improper entry to the US
- Immigrant and non-immigrant visas
It’s important to choose the right waiver for your situation. If you are in the country illegally, you might need the Provisional Unlawful Presence Waiver. But this waiver is only available to the immediate family of U.S. citizens. If you are inadmissible to the country, you may be able to file an I-601. Once again, this waiver isn’t for everyone.
Unfortunately, there isn’t a waiver for every immigration violation. For example, there is no waiver for someone who makes a false claim for asylum. There are also no waivers for claiming citizenship.
By working with an immigration attorney, you can learn whether or not there is a waiver for your circumstances. They can also help you handle the timing of your waiver. Sometimes, you can only file a waiver after you are determined to be inadmissible. At other times, you need to apply with your adjustment of status paperwork. You need to get the timing right, or you risk losing your chance at a better outcome.