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If you applied for a visa or adjustment of status, such as a green card, and were deemed inadmissible, you may still have options for entry or residence in the United States. Depending on the grounds for inadmissibility and your specific situation, you could be eligible for a waiver that allows you to continue your immigration process.
At New Frontier Immigration Law, our waiver of inadmissibility lawyers in Phoenix, AZ, can explain your options and the steps to apply. We are committed to protecting immigrant rights and representing your interests as you work through the immigration process, including applying for a waiver (if eligible). Contact our Phoenix immigration law firm for a free case evaluation.
Our Immigration Lawyers Can Help With Your Waiver of Inadmissibility
Our legal team in Phoenix can help you navigate the often complex process of requesting a waiver of inadmissibility. Some of the ways we can offer support include the following:
- Listening to your story to better understand you and your situation
- Answering your immigration questions and advocating for your interests regardless of your circumstances or grounds for inadmissibility
- Explaining the legal options available in your situation
- Determining whether you are eligible to request a waiver based on the grounds of your inadmissibility
- Compiling the proper form and supporting evidence to request a waiver
- Submitting your waiver of inadmissibility application to the correct location based on your circumstances
For a free case review with a waiver of inadmissibility lawyer serving Phoenix, call
What Is a Waiver of Inadmissibility?
A waiver of inadmissibility is a document that provides relief to anyone deemed inadmissible when applying for a U.S. visa or adjustment of status. Generally, a determination of inadmissibility means you may not lawfully enter the United States through a visa or a green card.
However, this waiver can allow you to request that the government overlook specific grounds for inadmissibility.
Understanding the Reason for a Judgment of Inadmissibility
There are several different grounds for inadmissibility, as outlined in 8 U.S.C. § 1182, including:
- Reasons related to health: These may include infectious diseases, lack of necessary vaccinations, physical and mental disorders likely to cause harm, and drug abuse and addiction.
- False claims to US citizenship: Making false claims to US citizenship can be grounds for inadmissibility.
- Reasons related to the law: Inadmissibility can be due to criminal or security-related reasons. This could include a prior arrest, conviction of a serious crime, or involvement with terrorist activities or organizations. You may also be considered inadmissible if you have previously been deported from the United States.
- Financial reasons: You could be deemed inadmissible for various financial reasons.
- Criminal record: This includes but is not limited to crimes of moral turpitude, violations of drug laws, including trafficking, convictions for two or more crimes, and a history of prostitution.
- Lack of labor certification, unless: Employment is deemed not to affect U.S. conditions adversely and there is a lack of U.S. workers available to do the same work.
- Prior removal or instances of unlawful presence: This includes those barred after staying in the country for more than 180 days, those who were deported or agreed to voluntary departure under 8 U.S.C. § 1229c, and those who illegally re-entered the country after being in the United States illegally for a total of one year.
Other reasons you may be deemed inadmissible include the following:
- Illegal entry to the United States
- Reasons related to national security
- Likelihood of becoming dependent on the government
- Fraud or misrepresentation when seeking admission to the United States
- Failure to attend immigration or removal hearings
- Smuggling
- Improper use of a student visa
- U.S. citizens who renounced citizenship to avoid paying taxes
- Unlawful voters
Note that you may not be able to apply for a waiver under all grounds for inadmissibility. Additionally, you may need to meet specific requirements or file certain forms and other evidence under particular circumstances.
Our attorneys can help you understand the requirements and eligibility for a waiver application based on your circumstances.
Eligibility Requirements to File a Waiver
You may be eligible to request a waiver, depending on the reason for your inadmissibility ruling. However, depending on the form you submit, you must meet the eligibility requirements. Most people will need to file Form I-601, Application for Waiver of Grounds of Inadmissibility, with U.S. Citizenship and Immigration Services (USCIS).
You may be eligible to file an I-601 waiver if you applied for the following:
- A K visa or V visa, and you are currently outside the United States, have completed an interview with the consulate, or were found inadmissible during the interview.
- Adjustment of status.
- Temporary protected status.
- An immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner
- An immigrant visa or adjustment status as the child of a VAWA self-petitioner.
- Adjustment of status under the Nicaraguan Adjustment and Central American Relief (NACARA).
- Adjustment of status based on “T” nonimmigrant status.
- Adjustment of status as a Special Immigrant Juvenile (SIJ).
There may be different requirements if you need to file another form to request a waiver of inadmissibility based on your situation. An experienced immigration attorney from New Frontier can determine if you qualify for a waiver and which form you must file.
Types of Evidence You May Need to Include with Your Application
If you are applying for a waiver of inadmissibility using Form I-601, you will need to include substantial evidence as part of your packet, including the following:
- Documentation to justify why you qualify for a waiver based on the specific grounds for your inadmissibility
- Evidence to support any claims of extreme hardship
- Proof of your relationship with a lawful permanent resident or U.S. citizen
- Other documentation that may help you show why you should be granted a waiver
The evidence you need will depend on the reason you were deemed inadmissible. Our waiver of inadmissibility attorneys in Phoenix can explain the evidence you must include and help you gather and submit everything.
It is essential to carefully prepare all documentation for your waiver to prevent delays or denial.
Our Waiver of Inadmissibility Lawyers
Contact Us Today If You Need to Request a Waiver
If you are in Phoenix or elsewhere in Arizona, our inadmissibility waiver lawyers can help you apply for a waiver. Whether you are ineligible to enter the United States due to a previous immigration violation, criminal history, health or financial issues, or any other reason, our Phoenix immigration law firm can assist you.
At New Frontier Immigration Law, we understand that many individuals may have difficulties entering the United States due to past mistakes and regrettable circumstances. Our lawyers help clients from Phoenix and throughout Arizona move past these barriers. We are here to help you file the correct forms and provide the evidence necessary to resolve the situation.
Contact us today to learn how we can help you apply for a waiver.
