Under various circumstances, U.S. immigration law can disqualify foreign nationals from admission to the U.S. under immigrant visas, denying those individuals a path to becoming lawful permanent residents. However, some ineligible foreign nationals may qualify for a waiver of inadmissibility that removes that ineligibility.
Understanding Inadmissibility
Inadmissibility refers to a legal disqualification for a foreign national to apply for an immigrant visa or seek lawful permanent residency in the U.S. A foreign national may become inadmissible under U.S. immigration law due to their legal or familial status or because of something they did that disqualified them from applying for an immigrant visa or adjustment of status. Common reasons for inadmissibility include:
- Being an officer or employee of a foreign government or international organization or an immediate family member or servant/employee of such officer or employee
- Health-related grounds, including having a communicable disease of significant public health significance, failing to present documentation of required vaccination, or being a drug user or addict
- Criminal grounds, including having committed a crime involving moral turpitude (other than a purely political offense), human trafficking, a drug offense under state or federal law, or two or more offenses that had an aggregate incarceration term of five years or more
- Security grounds, including any foreign national reasonably believed to seek entry into the U.S. solely or principally to engage in espionage, sabotage, or any act to oppose or overthrow the U.S. government by force or violence (such as terrorism)
- Likelihood of becoming a public charge
- Being present in the U.S. without admission or parole
- Making false or fraudulent statements on immigration applications or to immigration officials
- Being permanently ineligible for citizenship
- Engaging in international child abduction
What Are Waivers of Inadmissibility?
A waiver of inadmissibility may relieve a foreign national ineligible for lawful permanent residency from disqualification, allowing them to apply for an immigrant visa or adjustment of status. U.S. officials grant waivers of inadmissibility on a case-by-case basis; in all cases, officials have the discretion to grant or deny waivers of inadmissibility, even if a foreign national qualifies for one. A foreign national seeking a waiver of inadmissibility must file a Form I-601, Application for Waiver of Grounds of Inadmissibility, and have their application approved.
Eligibility for a Waiver
A foreign national may qualify for a waiver of inadmissibility in several ways, including:
- Being the spouse, unmarried child, or minor unmarried lawfully adopted child of a U.S. citizen or lawful permanent resident
- Having a child who is a U.S. citizen or lawful permanent resident
- Receiving required vaccinations or a medical exemption from vaccination
- Having a single offense of simple possession of marijuana that occurred more than 15 years ago, when admission would not jeopardize the national welfare, safety, or security, when the foreign national has completed rehabilitation, or when denial of a waiver would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child of the foreign national
- When refusal of admission would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child of the foreign national
Common Challenges
Some of the common challenges faced by foreign nationals pursuing waivers of inadmissibility include:
- Insufficient evidence: Foreign nationals may lack sufficient evidence or supporting documentation to establish their eligibility for a waiver.
- Officials’ discretion: Officials review waiver applications on a case-by-case basis and can deny waivers even when applicants qualify for one.
- Lengthy processing times: Applicants frequently must wait long periods before receiving a decision on their waiver applications.
Contact an Immigration Attorney Today
If consular or immigration officials have advised you that you require a waiver of inadmissibility to apply for an immigrant visa or adjustment of status, talk to an experienced immigration lawyer from Central Justice. Contact us today for an initial consultation to discuss your eligibility for a waiver of inadmissibility and learn more about obtaining one.
