Waivers

Waivers

Many individuals are ineligible to obtain Non-immigrant visas to enter the United States or are ineligible to obtain Immigrant Visas so that they can become Legal Permanent Residents (green card holder).  Some of these inadmissibility grounds are waivable.  To overcome this obstacle of inadmissibility, some Waivers may be applied for and if granted, will allow an individual to obtain an Immigrant Visa or Non-immigrant visa.  Waiver availability depends on whether you intend to obtain an Immigrant Visa or Non-immigrant Visa and the grounds for which you have been found inadmissible. 

If you are applying for an Immigrant Visa, a Waiver may be available to you if you have been found inadmissible based on:

  • Communicable Diseases
  • Lacking Required Vaccinations
  • Physical or Mental Disorder
  • Crime Involving Moral Turpitude (CIMT)
  • Controlled Substance Violations ( Drug Crimes, but only for possession of 30g or less of marijuana)
  • Multiple Criminal Convictions
  • Prostitution
  • Procuring a Prostitute
  • Asserted Immunity from Prosecution
  • Membership in a Totalitarian Party
  • Public Charge
  • Aliens Present without Admission or Parole (EWI):
  • Available primarily for VAWA petitioners
  • Asylum applicants
  • Cancellation of Removal
  • Adjust of Status
  • Misrepresentation
  • False Claim to U.S. Citizenship (for claims made prior to 1997)
  • Stowaways (for asylum applicants)
  • Smugglers
  • Civil Penalty under INA 247C
  • Documentation Requirements for Immigrants
  • Draft Evaders
  • Ordered Removed Upon Arrival
  • Unlawful Presence
  • Foreign Exchange Visitors

If you are applying for a Non-Immigrant Visa, a Waiver may be available to you if you have been found inadmissible based on:

  • Communicable Disease
  • Physical or Mental Disorder
  • Drug Abuser/Drug Addict
  • Crime Involving Moral Turpitude (CIMT)
  • Controlled Substance Violations (Drug Crimes)
  • Multiple Criminal Convictions
  • Controlled Substance (Drug) Traffickers and their families
  • Prostitution
  • Procuring a Prostitute
  • Asserted Immunity from prosecution
  • Terrorist Activities
  • Public Charge
  • Uncertified Health Care Workers
  • Failure to Attend Removal Proceedings
  • Misrepresentation
  • False Claims to U.S. Citizenship
  • Smugglers
  • Civil Penalty under INA 247C
  • Student Visa Abusers
  • Documentation Requirements for Nonimmigrants
  • Draft Evaders
  • Ordered Removed Upon Arrival
  • Unlawful Presence
  • Unlawful Presence after Prior Immigration Violation
  • International Child Abduction
  • Unlawful Voter
  • Former Citizen who renounced to avoid taxes
  • Former Exchange Visitors

 

Call or email Scales of Justice, APC to set up a consultation to discuss your case.