Individuals who seek entry into the U.S. or who wish to secure legal residency must be “admissible” to the United States, which means the person cannot be subject to a ground of inadmissibility under Section 212 of the Immigration and Nationality Act (“INA”). Under U.S immigration law, some classes of people may not be allowed to enter or stay in the United States without a waiver of the ground of inadmissibility. Waivers are exceptions to the rule and can only be granted by the U.S. government. Whether or not the U.S. Government will grant your waiver application depends on how strong your application is and in most circumstances it requires that you have a qualifying relative who is a U.S. citizen or Lawful Permanent Resident (“LPR”) of the United States. Having a knowledgeable and hard-working immigration lawyer, who is willing to go the extra mile for you is crucial to having your waiver case approved.
There are many waivers available to waive grounds of inadmissibility, including:
212(a)(9)(B)(v) Waiver for immigrants who were unlawfully present in the United States for longer than six months: provided the immigrant is the spouse, son or daughter of a U.S. citizen or LPR and that the refusal of his/her admission would result in extreme hardship to the qualifying relative. This waiver can now be filed stateside on Form I-601A and presented here in the United States.
212(d) Waiver for temporary visitors or persons seeking non-immigrant work visas: this waiver is presented at the U.S. embassy or consul abroad.
212(h) Waiver for certain criminal offenses: the person must show that the criminal activities occurred more than 15 years before the person’s application for admission, that the person’s admission would not be contrary to the national security, and that the person has been rehabilitated, or, alternatively, if the person is the spouse, parent, son or daughter of a U.S. citizen or LPR, that the refusal of the person’s admission would result in extreme hardship to the qualifying U.S. relative. This waiver also applies to a VAWA self-petitioner, who would not need qualifying relatives. If in removal proceedings and a lawful permanent resident, the waiver will not be granted unless the person has resided continuously in the U.S. for a period of 7 years before service of the Notice to Appear.
212(i) Waiver for aliens who have procured immigration benefits through fraud or misrepresentation of material facts: the alien must be the spouse, son or daughter of a U.S. Citizen or LPR and must establish that extreme hardship would result to the citizen/LPR spouse or parent. This waiver is presented on Form I-601 and can be presented here in the United States in connection with an application to adjust status in the U.S. or abroad to the U.S. embassy or consul in connection with an immigrant visa.
237(a)(1)(H) Waiver for someone who intentionally or unintentionally committed fraud or other misrepresentations when obtaining an immigrant visa: provided the person is the spouse, parent, son or daughter of a U.S. citizen or LPR, the person was in possession of an immigrant visa at the time of entry, and the person was otherwise admissible to the USA but for the fraud or misrepresentation sought to be waived. This wavier is often utilized in removal proceedings.
Hykel Law will carefully scrutinize your case to determine if you qualify for a waiver. Although nothing is guaranteed, circumstances must be presented in the most favorable light to achieve a successful waiver.
We have impressive experience in securing waivers of inadmissibility for our Philadelphia and Southern NJ clients. As with other aspects of immigration law, the paperwork is critical. Likelihood of a successful waiver can depend on our skill in preparation, as well as your ability to tell your side of the story. Renee Hykel Cuddy takes the time to learn about your individual case and help you choose the factors that will be most beneficial towards the goal of a successful waiver application. We can also help you gather relevant supporting documents, prepare the paperwork, file the application and walk you through the waiver process every step of the way.