This is a sponsored guest post.
According to immigration law, if authorities find that you are inadmissible to the US, they can refuse to grant you a green card. There is such a thing as a waiver of inadmissibility, but they are only available to particular foreign nationals and under specific circumstances. By law, a waiver means that the government will either forgive or overlook an inadmissibility grounds, and will still grant a foreign national a green card or something that holds the same advantages that a green card does.
For a complete list of which grounds are capable of being waived due to inadmissibility, you have to look at Section 212 of the Immigration and Nationality Act. They typically have very specific requirements that need to be met regarding who is allowed to even apply for the waiver versus those who will be turned away. In general, you must request that a waiver is processed, but you will have to supply many documents to support the request for the waiver and why you should be granted one.
Some of the most common types of waivers are:
Unlawful presence in the United States
If you have overstayed your welcome according to documentation, then you may be inadmissible or barred from coming into the United States for anywhere from 3-10 years. If you have been deemed inadmissible due to unlawful presence, then you have to fill out a form I-601. This is a form that states that not allowing you admission to the United States will cause you extreme hardship. It is typically used when someone has a family member, spouse, fiance, or parent who resides in America, and leaving them would cause extreme and undue suffering.
You can also file for a provisional waiver if you are deemed inadmissible due to unlawful presence. If you were living with someone who is either a United States citizen or a permanent resident, and you wish to return in order to stay with them, then you might be granted a provisional waiver. If granted, it is only valid for as long as you stay with the person who is a citizen.
When you are filling out the form it is important to state any “mitigating factors.” Mitigating factors are those things that make your hardship that much more critical. Issues that could be mitigating factors could be children that you take care of, or if you have other dependents for whom you are responsible. It is also important to negate any “aggravating” issues. They are things that will make it less likely for you to receive the waiver. If you have any arrests, convictions, or criminal charges, you will want to try to make sure to explain them and stop them from becoming aggravating factors.
Immigration Misrepresentation
If you received an immigration entrance due to misrepresenting yourself or your status, you would not be eligible for a waiver. If you want a waiver to get a green card after misrepresenting yourself, then you will have to prove that you will suffer a hardship if you are not allowed to return. Presenting the same information and making the same arguments that you would make with an unlawful presence inadmissibility is the only way to try to gain entrance.
Certain Criminal Grounds of Inadmissibility
If you have a criminal history that is keeping you off of US soil, then you can apply for a waiver under Section 212 (h) of the INA. If you can prove that your criminal history is not of a violent nature, then you might be granted a waiver. You have to show that the criminal charges are over 15 years old and that you meet the conditions required for the other waivers, like an extreme hardship or mitigating circumstances, and to reduce any aggravated ones that can keep you away.
As long as you can prove that your criminal history doesn’t cause a threat to national security or the public, then you might be granted a waiver. If you are seeking to enter the US and are being denied due to inadmissibility issues, it is possible to get a waiver if you know what documents to fill out and what arguments to make to get assistance. That is why it is a good idea to hire an immigration attorney to walk you through the process.
