Waivers are needed in a wide variety of scenarios to overcome obstacles in obtaining legal status in the United States of America. The immigration laws in the United States of America also provide waivers in situations where they are necessary to overcome grounds of inadmissibility.
The most common grounds of inadmissibility are a result of prior immigration violations, criminal records and misrepresentations to the U.S. government.
A widespread ground of inadmissibility arises from a period of unlawful presence followed by an exit from the United States. A waiver is available for foreign nationals that entered the United States illegally on one occasion. This waiver is only available to those that have U.S. citizen or permanent residence spouses or parents.
Crime-related impact on immigration
The Immigration & Nationality Act makes many crimes a basis for inadmissibility, thus requiring a waiver to overcome the ineligibility. A common ground of criminal inadmissibility results from a conviction for a “crime involving moral turpitude” which often involves theft, fraud, and other forms of dishonesty. In fact, not all crimes are eligible for waivers. Generally, convictions involving a controlled substance are ineligible for a waiver. A careful analysis is very important in determining whether a waiver is available.
A foreign national who uses fraud or makes a misrepresentation of a material fact while seeking to procure an immigration benefit is inadmissible.
Most waivers are based on hardship to a defined immediate relative and the level hardship is set forth in the immigration statute. The U.S. government will also balance the negative history of the applicant with the hardship. In exercising its discretion, USCIS will weigh the seriousness of the immigration violation with positive factors.
At Quintero Fortich Legal we have the knowledge and ability to competently represent foreign nationals seeking immigration benefits on grounds of inadmissibility.