Inadmissibility Waivers

Waivers for Immigrants in Houston


The US immigration process is a long and complex process that can be a headache if you do not use an experienced immigration lawyer. One of the risks is being designated “inadmissible.” This effectively bars the entry or re-entry of an immigrant to the United States under various grounds, such as unlawful presence, health concerns, economic offenses, and criminal charges.

However, this does not mean the end of your chance to obtain a non-immigrant visa or seek permanent residence status. There are waivers that a person can claim to overturn the decision and make them admissible. Consult an experienced immigration lawyer in Houston to know which specific conditions allow waivers and what type of waiver is applicable to your case.

When You Can Seek Waivers

Section 212 of the Immigration and Nationality Act provides various grounds of inadmissibility for immigrants seeking to stay in the United States. These include:

  • Unlawful US entry, abusing a student visa, false claiming of citizenship, illegal US stay, using smuggling routes or stowaway methods to enter the United States.
  • Health grounds, such as failing to be immunized, suffering from any communicable disease, being a drug addict, diagnosed with mental disorders posing threat to others
  • Facing criminal charges or jail for 5 years at home or in the United States, drug or human trafficking, economic offenses, including money laundering.
  • Visa fraud or using any kind of misrepresentation in a visa application.

If any of these inadmissibility grounds pose a threat to your permanent resident status, get in touch with an immigration attorney in Houston to explore waiver options.

An immigrant who has entered illegally or overstayed must have to follow the consular process to apply for permanent residency. This requires him to leave the United States and apply for the residency visa at his home country. An unlawful entrant has to stay out of the country for 3 to 10 years before he is eligible to apply for an immigrant visa. Such a clause may force him to stay out of the US borders for years due to the tedious immigration process. If he has a family or loved ones in the United States, they are bound to suffer in his absence. Immigration waivers also provide him an opportunity to waive those 3 or 10-year ban from the country.

Different Types of Immigration Waivers

·         I-601 Waiver

An immigrant with a family member who is expected to suffer extreme hardship in the United States due to his removal qualifies for this waiver. This is to provide relief to anyone with an application for an immigrant visa, green card, or status of adjustment pending. You just need to prove that you have a US resident, who needs you to avoid extreme hardship.

I-601 waiver can override any inadmissibility due to unlawful presence, criminal conviction, and visa fraud.  Always consult a good Houston immigration attorney to know inclusions and exclusions specific to your status.

·         I-601A Provisional Waiver

If immigration has an approved I-130 petition, they may seek what is called an I-601A waiver. This waiver is meant to forgive the immigrant for unlawful presence in the country and will remove the 3- or 10-year bar on him. The waiver for immigrants permits the applicant to go back to his home country to complete all formalities of the consular process and come back to the United States. He does not need to spend years waiting for the immigration visa. Having a trusted Houston immigration attorney to fight your cause can help you apply for and get the I-601 provisional waiver easily.

·         I-212 Waiver

This immigration waiver is to help those barred from entry into the United States due to a criminal conviction or unlawful stay. If you are deported back to your home country and not allowed to return following proven criminal charges or removal proceedings, I-212 waiver is the only option to seek respite.

An I-212 waiver application is the most preferred method to appeal against inadmissibility grounds. However, the preparation and filing involve complex procedures and need proper documentation that cannot be completed without the support of a skilled Houston immigration lawyer to guide you.

·         Humanitarian and National Interest Waiver

One can seek an immigration waiver on the ground of humanitarian support. This is helpful for people, who are refugees, seeking asylum, or facing prosecution back home. Also, anyone with a qualification or profession that can benefit the US arts, sciences, or businesses can seek immigration waiver on the ground of national benefit.

The list of inadmissibility is extensive and has a real impact on your prospects of obtaining permanent US residency. Though there are waivers for immigrants, the process is difficult and needs preparation and filing of applications/documents. Contact a specialized Houston immigration attorney at Zavala Texas Law to know more about waivers.

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