Waivers of Inadmissibility
Certain applicants for immigration benefits may be determined “inadmissible” to the United States based on prior legal violations or administrative decisions entered against them. Based on this inadmissibility, U.S. immigration authorities may deny their applications for visas or to adjust status.
However, a waiver of inadmissibility may be available, depending on the charges raised against the applicant and the type of visa for which they are applying. Most waivers are adjudicated by DHS and DOS based on loose discretionary standards with a wide berth of judgment left to the examining officer.
Therefore, preparing a compelling waiver brief with supporting evidence, and knowing how to most effectively present this to U.S. immigration authorities, can be absolutely critical to the waiver’s success. Other factors that might affect the chances for a waiver’s success include the nature and seriousness of the violation, the amount of time that has elapsed since the violation, the applicant’s family and business ties to the United States, and any U.S. interests that would be positively affected by the applicant’s admission.
Grounds of inadmissibility that may be raised against an applicant by U.S. immigration authorities include: Health-Related Criminal Fraud/Misrepresentation Unlawful Presence Prior Removal/Deportation Other.