- Non-Immigrant Working Visas
- Other Non-Immigrant Visas
- Employment-Based Immigration
- Family-Based Immigration
- Removal (Deportation) Defense
- Waivers of Inadmissibility
- Appeals, Motions To Reopen And Motions To Reconsider
- Citizenship And Naturalization
Certain classes of individuals are ineligible by law to enter the United States without a waiver, or an exception. A waiver of inadmissibility given by the United States government permits an otherwise ineligible person to enter the country.
Inadmissibility is typically based on:
Waivers are complex and numerous, so it is best to consult an attorney when applying.
An applicant generally qualifies for a waiver if he or she:
There are numerous types of waivers, including:
Non-citizens who stayed unlawfully in the United States are penalized and prevented from returning to the country for three years or ten years, depending on how long they stayed unlawfully in the country. These are referred to as the “time bars,” or the “three-year and ten-year bars.” Individuals who returned to the country illegally or attempted to return to the country illegally after living in the United States unlawfully for more than a year are permanently barred from the country. Certain relatives of United States citizens who have spent their time in the country unlawfully can have these temporary and permanent bars waived, or legally forgiven, in order to qualify for permanent residence. Individuals are eligible for waivers if they can show that their spouse or parent in the United States will suffer extreme hardship if they do not receive a waiver.
An alien who is inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) can file Form I-212 (c) to obtain “consent to reapply for admission” that is required before the alien can lawfully return to the United States. “Consent to reapply” is also called “permission to reapply.”