Introduction to Waivers
The preparation of a waiver is critical for your immigration case, but before you can hire an attorney and start working on your waiver, you need to understand what they are and how they work for you.
What is a Waiver of Inadmissibility?
A waiver is something that is used by someone who wants to enter the U.S. or obtain residency within the U.S. You use your waiver of inadmissibility when you are already deemed inadmissible by the U.S. government. Inadmissibility is often referred to as “ineligible”, but certain immigration laws allow a waiver of inadmissibility to be filed in order to make an exception to the case.
Who is Eligible for Inadmissibility?
Immigrants (who want to be permanent residents) and non-immigrants (those who want to visit temporarily) can apply for a waiver of inadmissibility, but the chances of success vary greatly depending on their specific situation.
You must often prove ties to the United States (such as family or a residence) and prove that granting relief is fair, and it is in your best interest to prove to the U.S. that you’re staying in the country is advantageous for the country.
Grounds of Inadmissibility
You can only seek a waiver if you meet the “grounds for inadmissibility”, which include:
- Failure to have required documents, including green cards, visa, U.S. passport, etc.
- Crimes involving moral turpitude – such as controlled substances or prostitution
- Illegal alien smuggling
- Unlawful presence
- Likelihood to be charged with a crime in the future
- Immigration fraud of the facts on your application
Proving Your Case
It is your responsibility to prove your case, which means uou must have grounds for your waiver and show that you deserve relief. Some supporting documents that you may need to include are:
- Police reports from the area in which you lived
- Medical reports
- Affidavits from other individuals who support the waiver
- All court records regarding any convictions
- Evidence of battery or extreme cruelty against you
- Evidence of hardship if you were to return to your home country
- Marriage certificates or birth certificates of those who you would be separated from
Reasons the Courts May Grant a Waiver
Although every case is different, there are certain types of cases that are more likely to be approved than others, such as:
- Your risk to the public is minimal – meaning staying in the country poses no threat to others.
- Staying in the country allows you to remain close to family.
- It is in the public’s best interest for you to stay in the country.
- It is a humanitarian gesture.
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