If you need to be in the U.S., entry denial can cause confusion and anxiety. Individuals from other countries who may be applying for a temporary visa, planning to immigrate permanently, or just moving through a port of entry may be found inadmissible for a variety of reasons.
However, if the government initially declares you inadmissible, you may still be able gain entry to the U.S. with a waiver. At New Frontier Immigration Law, our team regularly handles applications for waivers for entering without permission in Scottsdale. If you have been denied entry to the U.S., reach out to our immigration waiver attorneys for help.
When you attempt to gain entry to the U.S., the government can examine your history and background to determine if there are any grounds upon which to deny admission. One common issue is previous unlawful presence in the U.S. Those who overstayed a visa or entered the U.S. illegally in the past can be barred from the U.S. for a period of time. Similarly, reentering or attempting to enter the U.S. after previously being deported is also likely to be grounds for inadmissibility.
Having a criminal history is another reason the government may find an individual inadmissible. Crimes that are more likely to trigger a determination of inadmissibility include:
Your admissibility could also be hindered due to a pattern of multiple arrests. If a person provides false information on a visa application or other immigration forms, whether in the past or during the current entry attempt, the U.S. government would also take this very seriously and use it to bar entry.
Sometimes the government denies entry based on medical problems, such as contagious diseases or failure to comply with vaccination requirements. Mental health conditions that are linked to violent or other harmful behavior may also be medical grounds for inadmissibility. If the government denies you permission to enter the U.S. in Scottsdale, our lawyer could explain the reasoning and help you apply for a waiver.
If you are inadmissible, you may still qualify for a waiver for unlawful presence. This excuses or forgives the fact that you entered and/or remained in the U.S. without permission so that you can legally continue with the immigration process. Multiple types of waivers are available depending on the specific grounds of inadmissibility.
The I-601 waiver is the most common. It can be used in instances where the applicant has a criminal history, has committed fraud, or has been in the U.S. unlawfully. It can also be used in medical situations. However, successfully obtaining this waiver involves proving that a qualifying relative who is a U.S. citizen or permanent resident is suffering extreme hardship.
Other waiver types apply to specific situations. Those who have previously been deported can apply for the I-212 waiver. The applicant must demonstrate their rehabilitation and provide compelling reasons why they should be permitted to return. The I-192 waiver is available for nonimmigrants, such as tourists, students, or seasonal workers, who only need temporary entry but are inadmissible for some reason. Finally, medical waivers may be available for applicants whose inadmissibility was due to a treatable medical condition or vaccination issues.
Our lawyers could help you identify which unlawful presence waiver you should apply for in Scottsdale and support you throughout the process.
Obtaining a waiver for unlawful presence means that even if you are deemed inadmissible to the U.S., you can legally continue the immigration process. By applying for the right waiver, you could still legally enter the country. However, waivers are often complex and require extensive evidence. Advice from a compassionate immigration attorney gives you the best chance of a successful result.
At New Frontier Immigration Law, our team members are experienced in helping people work and live in the U.S. If you have questions about waivers for entering without permission in Scottsdale, reach out to us today for help.
