Waivers

In some circumstances, you might find that you are unable to be admitted to the United States due to certain social or economic characteristics of your background.  Fortunately, this is not a dead end for you, and you can be granted a waiver and still gain admission into the United States.  With more than 20 years of experience, Beach-Oswald Immigration law Associates can offer their legal assistance and expertise to help you overcome this obstacle.

Are you a Lawful Permanent Resident (LPR) facing Removal?

Then you may be eligible for a cancellation of removal waiver under the Immigration and Nationality Act (INA) §240A(a).

You may be eligible for a waiver if

• You have been an LPR for no less than 5 years
• You have resided continuously in the U.S. for 7 years after having been admitted
• You have not been convicted of an aggravated felony
• You have not previously received a grant of cancellation

Are you a Nonpermanent Resident facing Removal?

Then you may be eligible for a cancellation of removal waiver under INA §240A(b).

You may be eligible for a waiver if

• You are in removal proceedings because you are either inadmissible or deportable
• You have been physically present in the U.S. for at least 10 years
• You can demonstrate you have had good moral character during your time in the U.S.
• You have not been convicted of other offenses under the INA
• You can demonstrate that your removal would cause exceptional and extremely unusual hardship to a spouse, parent, or child who is an LPR or U.S. citizen

Unfortunately, you will not be eligible for this waiver if

• You have already been granted cancellation of removal or other relief
  You are inadmissible on security or other related grounds
• You have persecuted others
• You are a crewman, who entered after 6/30/1964 and have not satisfied the two year foreign residency requirement
• You are a J nonimmigrant exchange visitor who has received graduate medical education and have not satisfied the two year foreign residency requirement
• You are a J nonimmigrant who has not satisfied the two year foreign residency requirement

Have you made a misrepresentation or used fraud in any staged of the immigration process?

Then you may be eligible for a waiver of inadmissibility for fraud or misrepresentation under INA §212(i) or a waiver of inadmissibility for document fraud under INA §212(d)(12).

Immigrants who have made misrepresentations or used fraud in any of their applications, petitions, or other contexts relating to their immigration status are inadmissible into the U.S.

You may be eligible for a waiver to this rule if

• You have a spouse or parent who is a U.S. citizen or LPR
• Denying your admission would cause your relative extreme hardship

You may not be eligible for a waiver if

• You have made a misrepresentation or used fraud in other contexts unrelated to your applications or petitions

Have you been previously deported?

Then you may be eligible for permission to reapply for admission under INA §212(a)(9)(A)(iii) and 212(a)(9)(C)(ii)

If you have been previously deported and are currently barred from the U.S., you can still gain admittance into the U.S.

When examining this case, the court will consider a variety of factors, including:

• The reason for your deportation
• The amount of time since your deportation
• Certain personality characteristics including good moral character and respect for law and order
• Any hardship you have endured
• Your family responsibilities and ties to the U.S.

Have you ever been unlawfully present in the U.S.?

Then you may be eligible for a waiver of inadmissibility for unlawful presence ground of inadmissibility under INA §212(a)(9)(B)(v)

If you are trying to seek admission into the U.S. but you were previously in the United States illegally, you might discover that you are currently barred from entering the U.S.

You may be eligible to waive this bar and gain entry into the U.S. if

• You are an LPR
• You are a foreign national with a spouse or parent who is an LPR, and you can demonstrate that this relative will suffer extreme hardship if you are not allowed into the U.S.

Have you been convicted of certain crimes?

Then you may be eligible for a waiver of inadmissibility for prostitution, crimes more than 15 years old, crimes of moral turpitude, and simple possession of marijuana under INA §212(h)

If you are seeking admission but possess a criminal record, you still may be able to gain admittance into the U.S.

You may be eligible for a waiver if you have ever been convicted of any of the following:

• A crime involving moral turpitude
• Two or more offenses
• Prostitution or commercialized vice
• Single possession of 30 grams or less of marijuana
• Serious criminal activity committed by an individual who asserts immunity from prosecution

To be eligible, you also must prove

• The activities that you were convicted of occurred mora than 15 years before the date of your application
• Your admission into the U.S. would not be contrary to the national welfare, security, or safety of the U.S.
• You have since been rehabilitated

You are not eligible for a waiver if you have been convicted of any of the following:

• Controlled substance other than simple possession of marijuana
• Money laundering
• Export violations
• A conviction of security-related grounds
• Murder
• Attempted murder
• Acts of torture

Have you smuggled non-immigrants into the U.S.?

Then you may be eligible for a waiver of smuggling ground of deportability under INA §237(a)(1)(E)(iii)

You may be eligible for a waiver if

• You are an LPR or a family-based immigrant who is unable to return to the U.S. because you previously smuggled a non-immigrant into the U.S.
• You smuggled a spouse, parent, or child into the U.S.

Are you infected with the HIV virus?

Then you may be eligible for a waiver of HIV grounds of inadmissibility under INA §212(g)(1) and 212(d)(3)(A)

Individuals with certain diseases, including the HIV virus, are not allowed to be admitted into the U.S.

If you are HIV positive, you may be eligible for a waiver if

• You are eligible for a green card or temporary visa and you would be denied solely because of your HIV status

Do you fall under any of the above criteria and have obtained eligible refugee and asylee status?

Then you may be eligible for a waiver under INA §209(c)

You may be eligible for a waiver on the following grounds:

• Humanitarian purposes and interests
• To assure family unity
• To otherwise serve or promote the public interest