With over 15 years of experience in immigration law, Dalbir Singh & Associates, P.C. has successfully assisted tens of thousands of individuals who were denied entry to the United States in obtaining waivers, allowing them to stay in the country and reunite with their families.
If you have been denied entry into the US due to reasons such as nonimmigrant inadmissibility, health-related grounds, or previous criminal convictions, our experienced immigration waiver attorneys are here to help. We will thoroughly investigate your case, determine the type of waiver you need to apply for, and provide unwavering support throughout the process.
An immigration waiver is a legal remedy available to individuals who are deemed inadmissible and thus unable to enter or obtain status in the United States. If eligible, these individuals can apply for and obtain a waiver to overcome their inadmissibility.
The purpose of an immigration waiver is to:
Promote humanitarian results and family unity.
Serve the national interest by allowing the admission of noncitizens who can benefit the welfare of the United States.
Provide relief to victims of human trafficking, refugees, and asylees seeking protection from persecution and permanent residency in the US.
Address public health and safety concerns by ensuring that applicants meet all medical requirements before entering the US or by facilitating necessary treatment if admitted.
Weigh national security and public safety concerns against the humanitarian and social benefits of granting admission to a noncitizen.
Inadmissibility, in the context of immigration law, refers to the legal grounds on which individuals are barred from entering the United States. Inadmissibility may be based on various factors, including:
Health: Individuals with communicable diseases or mental health disorders that pose a risk to public health or safety.
Criminal Reasons: Individuals with a criminal record that could jeopardize public safety.
Fraud or Misrepresentation: Individuals attempting to enter the US using fraudulent identities or engaging in misrepresentation.
Other Reasons: Inadmissibility can also be triggered by factors such as alien smuggling, abuse of student visas, illegal entry into the US, renouncing US citizenship to evade taxes, and more.
When an immigration official determines that a person is inadmissible, they must assess whether the applicant is eligible for a waiver or other forms of relief. These officials can include representatives from agencies such as the US State Department, Department of Homeland Security, US Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP).
To be eligible for a waiver, the applicant must meet the following conditions as outlined by the US Citizenship and Immigration Services (USCIS):
By working with our experienced immigration waiver attorneys, you can navigate the complex waiver process with confidence, ensuring the best possible outcome for your case.
Under the Immigration and Naturalization Act (INA), there are various types of waivers available, each requiring specific evidence and addressing different issues that need to be waived. Some of the most common types of immigration waivers include:
Waiver Of Inadmissibility for Nonimmigrants
IN A 212 (d) (3) This waiver applies to foreign nationals who are seeking admission at a port of entry or at a consular post abroad as nonimmigrants.
Waiver Of Health-Related Grounds of Inadmissibility
IN A 212 (a) (1) This waiver is applicable to individuals who are inadmissible to the US due to health-related reasons, such as communicable diseases or failure to meet vaccination requirements.
Waiver Of Fraud and Misrepresentation
IN A 212 (i) This waiver is for lawful permanent residents or prospective residents who committed fraud or misrepresentation at the time of entry or entered the US with a fraudulent identity.
Waiver To Avoid Deportation After a Criminal Conviction
212 (c) This waiver is available to lawful permanent residents who have been convicted of a criminal offense and are facing deportation.
Waiver Of Inadmissibility for Criminal Acts
212 (h) This waiver is for individuals who have committed certain crimes and want to overcome the grounds of inadmissibility. The requirements for this waiver vary based on the specific inadmissibility grounds and other factors.
Waiver Of Unlawful Presence
I-601 A This waiver is for individuals who have been unlawfully present in the US for a specific period and face bars to reentry. It is filed before departure from the US.
Waiver After Prior Removal
This waiver is available to individuals who have been previously removed from the US and are seeking a visa to reenter the country before the statutory timeframe.
National Interest Waiver
This waiver is for individuals seeking to immigrate to the US without a labor certification in the second preference category and holding an advanced degree.
To apply for most inadmissibility waivers, including those related to health, fraud, or criminal convictions, you need to file Form I-601, Application for Waiver of Grounds of Inadmissibility.
For a waiver of unlawful presence, you need to submit Form I-601A.
To determine the specific type of waiver you need, and the additional documents required, it is recommended to consult with knowledgeable immigration waiver attorneys at Dalbir Singh & Associates.
In some situations, USCIS officials may decide on a waiver without requiring the applicant to submit a form. However, the official must document the waiver determination in the applicant's record.
A 212(d)(3) waiver is available for foreign nationals applying for admission as nonimmigrants at a port of entry or consular post abroad. This waiver does not require a relative who is a US citizen or lawful permanent resident, or evidence of hardship. Eligibility is based on factors such as risk to society, immigration violations, criminal record, and reasons for requesting entry.
If you have been barred from re-entry to the United States due to a breach of immigration law, the length of the bar will depend on the duration of your stay in the US before departing. If you entered the country illegally, the unlawful period begins on the date of your entry. If your temporary visa expired, the unlawful period starts from the expiration date of your visa.
The bar duration varies as follows:
A three-year bar is imposed on individuals who were unlawfully present in the US for a period ranging from 180 days to 12 months.
A ten-year bar is imposed on individuals who were unlawfully present in the US for more than one year.
In certain cases, individuals may receive a permanent bar, in which case a waiver is not possible.
To apply for a 212(a)(1) waiver of health-related grounds of inadmissibility, you need to determine if you are eligible. The following information is relevant:
For communicable diseases: You must provide evidence that your disease can be treated in the US.
For physical or mental disorders: You must provide a comprehensive history of your condition, including harmful behavior, prognosis, life expectancy, and recommended treatment. It is not necessary to have a qualifying family member to apply for this waiver.
For failure to obtain necessary vaccinations: You must provide evidence that your objection to vaccinations is based on moral convictions or religious beliefs.
Each type of health-based inadmissibility waiver has different approval requirements. To navigate the application process successfully, it is recommended to seek assistance from the experienced team at Dalbir Singh & Associates, P.C.
Requirements for a 212(i)-fraud waiver include:
Providing evidence that your spouse or parent is a US citizen or a Green Card holder.
Demonstrating that your relatives would suffer extreme hardship if the waiver were not granted.
However, you are ineligible for a 212(i)-fraud waiver if you falsely represented yourself as a US citizen after September 30th, 1996, for any purpose or benefit under immigration law. It's worth noting that a timely retraction of your false claim to US citizenship may not prevent you from obtaining immigration benefits.
You are ineligible to apply for a 212(i)-fraud waiver if you have falsely represented yourself to be a US citizen after September 30th, 1996, for any purpose or benefit under immigration law. However, it's important to note that a timely retraction of your false claim to US citizenship may not necessarily prevent you from obtaining immigration benefits.
To apply for a 212(c) waiver, you need to meet the following requirements:
You must not have been imprisoned for more than five years on a conviction after November 1st, 1990.
You must have resided in the US lawfully and continuously for at least seven consecutive years.
You must not be subject to deportation on terrorism or national security grounds.
You must not be unlawfully present in the US due to a previous immigration offense.
Your criminal offenses must have resulted in convictions prior to April 1st, 1997.
You are not eligible to file for a 212(c) waiver if:
You have a conviction that occurred after April 1st, 1997.
You have departed the US and are currently residing outside of the country.
You have illegally reentered the US after being deported or removed.
You are present in the US without having been admitted or paroled.
You may be eligible for a 212(h) waiver if you are inadmissible due to:
A single offense involving possession of 30 grams or less of marijuana.
A crime involving moral turpitude (excluding torture or murder).
Multiple criminal offenses for which you received a combined sentence of five years or more (excluding torture and murder).
You will not be able to obtain a 212(h) waiver if you are inadmissible due to any of the following crimes:
Murder or torture
Drug crimes, excluding possession of 30 grams or less of marijuana.
Severe violation of religious freedom as a foreign government official
Violent or dangerous crimes, unless you can demonstrate extraordinary circumstances.
Filing the necessary forms is just one aspect of the waiver application process. The experienced immigration waiver lawyers at Dalbir Singh & Associates, P.C. can provide comprehensive assistance by:
Conducting thorough research on your qualifying family members in the US.
Exploring alternative options if your initial waiver application is not approved, such as the potential hardships your family would face if they were required to relocate to your home country or if you were forced to return alone.
Meeting with you and your qualifying relatives to discuss your case in detail.
Providing a checklist of the required documents for your application.
Reviewing your documents and application to ensure accuracy and completeness.
Conducting research on the conditions in your home country to support your waiver application.
Assisting in obtaining statements from medical professionals, psychologists, or other relevant experts to demonstrate the potential hardships you or your family would face.
Conduct additional legal research if you have a criminal record or a history of fraud.
Preparing and organizing all the necessary documents for your waiver application.
Creating a comprehensive summary outlining the collected evidence and reasons for your waiver request.
Dalbir Singh & Associates, P.C. specializes in various areas of immigration law, including:
Discover the prowess of our legal team. Reach out to us today for expert solutions to all your legal inquiries!
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