An individual who seeks entry into the United States or who would like to become a legal resident of the United States must be admissible to the United States. Under the Immigration and Nationality Act, admission is defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer”. INA § 101(a)(13)(A).
An individual who has not been admitted to the United States and has been declared inadmissible may seek a waiver of grounds of inadmissibility in order to gain lawful admission. If the waiver is granted, then the individual can enter the United States or remain in the United States if already here. Whether or not the U.S. government will grant a waiver is dependent on various factors and, in most cases, requires the individual to have a qualifying relative who is a U.S. citizen or Lawful Permanent Resident.
An individual may be declared inadmissible to the United States for various reasons, including:
- Unlawful Presence in the United States
- Fraud or Misrepresentation – by fraudulently or willfully misrepresenting a material fact in order to obtain an immigration benefit
- Criminal Grounds
- Health-Related Grounds
- Likely to Become a Public Charge
- Prior Removal
- Inadmissibility on Moral Grounds
- Security and Related Grounds
- Other Miscellaneous Grounds, including international child abduction, practicing polygamy, falsely claiming citizenship.
Applying for waivers of grounds of inadmissibility is a complex process. It is critical that the application has supporting documentation that supports the claim for being granted a waiver.
Rakhi Patel Law, LLC, will evaluate your case carefully to determine if you require and qualify for a waiver of a ground(s) of inadmissibility. We can walk you through the process of applying for waivers and help you gather supporting documentation to prepare and file the application with the U.S. government.