Certain conduct or criminal convictions have adverse consequences on the non-citizen who is trying to obtain a green card, immigrant or non-immigrant visa. In some immigration situations, the non-citizen can apply for one or more waivers.
To be successful, the non-citizen has to satisfy certain requirements and merit a favorable exercise of discretion.
Waiver of Unlawful Presence of the 3- or 10-years bar. Applicant must prove extreme hardship on USC or LPR parent or spouse.
Waiver for Fraud and Misrepresentation. Misrepresenting any material fact in an effort to obtain an immigration benefit. Applicant must prove extreme hardship to USC/LPR spouse or parent but a VAWA applicant can show hardship to himself or herself.
Waiver for criminal convictions. Applicant must show extreme hardship to USC/LPR spouse, parent or child but VAWA applicant can show hardship to himself or herself. If 15 years have passed, the applicant has to show rehabilitation. There is no waiver for torture, murder or attempt to murder or torture or for LPR convicted of a felony or if he/she was LPR for less than seven years before commission of crime or for drug crimes except for a single possession of less than 30 grams of marijuana for one’s use. If convicted for violent and dangerous crimes, the applicant must show exceptional and extremely unusual hardship to the qualifying relatives.
Unlawfully present for one year or more and re-enter or attempt to re-enter without inspection and admission, no waiver for ten years, except for VAWA applicants who can apply before 10 years.
Waiver for Alien smuggling-only available for those who smuggled spouse, parent, son or daughter and based on a family petition but not the 4th preference category.
Waiver of Prior Deportation or Removal. Inadmissible for 10 years except arriving aliens, expedited removal for visa waiver program entrants, stipulated removal inadmissible for 5 years. Waiver available but is based on pure discretion. Aggravated felony-permanent bar and there is no waiver. This is based on pure discretion. Removals made in the absence of the alien, inadmissible for 10 years but cannot apply for a waiver for 5 years. Standard for waiver, pure discretion.
Frivolous Asylum Applications. If alien receives a notice that the application was frivolous, alien permanently barred. No waiver.
Sham or Fake Marriage. Barred from all future family immigration visas permanently. No waiver.
Suspected Drug Trafficker. No waiver.
False Claims to Citizenship. No waiver except for alien under 18 years who can demonstrate that he/she did not have the capacity to understand the nature and consequences of the false claim.
Drug Abuser. No waiver. Applicant is either in remission and admissible or not in remission and inadmissible.
Terrorist Activities. No waiver unless maybe it can be proved it was under duress.
Public Charge. No waiver. In a family case the petitioner may be required to file a new I-864, Affidavit of Support.
Communicable Disease. Applicant must have USC/LPR spouse, parent or child and prove that he/she will receive treatment upon entering the U.S., can pay for the treatment and the treating facility will report the progress to health authorities. CDC can deny if risk to public health is too great.
Spouse or Child Drug Trafficker. No waiver.
Vaccinations. Waiver available.
Alcohol Abuse and Mental Disorder. Waiver available.
Espionage. No waiver.
Gang Membership. No waiver.
State Sponsor of Terrorism. No waiver.
Prostitution. Waiver available. Standard same as for criminal waivers.
Money Laundering. No waiver.
Pimping. Waiver available, same as for criminal waivers.
Certain Exchange Visitors. Waiver available, if foreign national (FN) obtains “no objection” letter from home country, or would face persecution in home country or waiver is in public interest.
Immigrant Entering on Visa That He/She Was Not Entitled to. Waiver available-212(k).
Entered Without Inspection. No waiver but inadmissibility applies only to that visit.
Call 561-847-4798 to set up a consultation for us to evaluate your immigration case. Our experienced immigration attorney will examine your situation, the applicable immigration laws, how he can help you, and the likelihood of success.