Waivers

Grounds of Inadmissibility

The grounds of inadmissibility specified under the Immigration and Nationality Act (INA) affect those seeking admission to the United States, those present without having been inspected and admitted, and those seeking adjustment of status.

The ten inadmissibility categories are:

  • Health-related grounds
  • Criminal- related grounds
  • National security grounds
  • Public charge
  • Labor protection grounds
  • Fraud or other immigration violations
  • Prior removals or unlawful presence in the United States
  • Documentation requirements
  • Grounds related to military service in the United States
  • Miscellaneous grounds

Furthermore, each category is composed of several grounds of inadmissibility.  For example, there are four health-related grounds to inadmissibility: communicable diseases, lack of vaccination, physical or mental disorder and drug abusers or addicts.

Waivers of Inadmissibility

Under the INA there are four specific waivers allowed:

  • Waiver for certain health-related grounds:  §212 (g)
  • Waiver for criminal conduct:  § 212 (h)
  • Waiver for fraud or misrepresentation:  § 212 (i)
  • Waiver for unlawful presence: § 212 (a)(9)(B)(v)

Extreme Hardship

The waiver applications require a showing of “extreme hardship” to a U.S. Citizen or lawful permanent resident family member.    Although U.S. Citizenship and Immigration Services has not provided us with a definition of “extreme hardship,” a high standard of proof is required.  Factors that may be considered include:

  • Alien’s age
  • Length of residence in the United States
  • Family members in the United States and abroad
  • Birth of U.S. Citizen children
  • Health factors and the availability of medical care in the home country
  • Financial impact on family of departure from the United States
  • History of immigration violations
  • Difficulty of readjusting in the home country

The goal of keeping your family together is at the heart of our practice, while helping you obtain legal status.  Your case may be more complicated, however, if you are inadmissible based on one of the above mentioned grounds.  If so, it is imperative that you speak with an experienced attorney who can assist you with gathering the required documentation and putting together the best case for U.S. Citizenship and Immigration Services.

For further information or questions please call 703-596-0235 or send us an email at hainerporras.com to schedule a consultation in our Alexandria, Virginia office.  Our firm can help clients in Virginia, Maryland, and DC – or any other state – because immigration is a federal matter.

Contact Us

For further information or questions please schedule a consultation in our Alexandria, Virginia office.

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