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Immigration: Inadmissibility waivers

New Jersey Immigration Lawyers Representing Foreign Citizens in Obtaining Inadmissibility Waivers

Under federal immigration laws, foreign citizens can be barred from entering the United States under various circumstances. This is known as “inadmissibility.”  For example, foreign nationals suspected of criminal acts or immigration violations, and those with specific health issues, can be deemed inadmissible under federal law.  However, in many instances, an inadmissibility waiver will be available. 

Inadmissibility waivers are among the most complex and unpredictable areas of immigration law. The way the government handles inadmissibility waiver requests is not uniform, and the outcome can be influenced by many different factors. As a result, if you need to file a petition for an inadmissibility waiver, it is important to hire an experienced New Jersey immigration lawyer to represent you.

Our Attorneys Help Foreign Nationals in New Jersey with Obtaining Inadmissibility Waivers

At Helmer, Conley & Kasselman, P.A., our immigration lawyers are highly experienced in this area. We have an extensive track record of obtaining inadmissibility waivers on behalf of our clients. Not only are we intimately familiar with the various factors U.S. Citizenship and Immigration Services (USCIS) agents consider when evaluating inadmissibility waiver requests, but we are able to use our past experience to avoid the kinds of issues that can lead to delays and denials.

When Does USCIS Grant Inadmissibility Waivers to Foreign Citizens?

There are two primary ways to apply for an inadmissibility waiver with USCIS: (i) through the submission of a waiver application form (Form I-602), or (ii) in connection with an application for adjustment of status. With both types of applications, USCIS’s determination of whether to grant a waiver is based upon a thorough assessment of the grounds for the application and the specific factual circumstances involved.

Generally speaking, USCIS will consider an inadmissibility waiver if the request serves an important societal or humanitarian purpose, and if granting the waiver would not result in a threat to public safety or national security in the United States. Examples of purposes for which inadmissibility waivers may be granted include:

  • In order to keep a family together;
  • In order to allow the applicant to obtain necessary medical treatment;
  • In order to protect political refugees and victims of human trafficking; and,
  • In order to benefit the welfare of the United States.

This list is not exhaustive, but it also does not apply to all foreign nationals. For example, if you have been convicted of drug trafficking, espionage, terrorist acts or certain other criminal offenses, then you may not be eligible to obtain an inadmissibility waiver. The USCIS Policy Manual states plainly, “An officer should deny [an] adjustment application where no waiver or exemption is available due to the type of inadmissibility found.”

Important Facts for Obtaining Inadmissibility Waivers

When submitting a request for an inadmissibility waiver, it is essential to clearly lay out the factual justification for your request. This is one area in particular where it is crucial to work with an experienced New Jersey immigration lawyer. For example, facts that can support a waiver request where a determination of inadmissibility would normally be upheld include:

  • You have a family member who is a U.S. citizen or lawful permanent resident, and he or she would suffer extreme hardship if you were forced to remain outside of the United States.
  • It has been more than 15 years since you committed the non-violent crime that resulted in your inadmissibility, and you can show that you have been reformed.
  • You are entitled to protection under the federal Violence Against Women Act.

Discuss Your Inadmissibility Waiver Application with a New Jersey Immigration Lawyer Today

Do you have questions about filing for an inadmissibility waiver with USCIS? If so, one of our New Jersey immigration attorneys would be happy to help. To schedule a confidential initial consultation as soon as possible, call 877-435-6371 or submit our online request form now.

 

 

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