Inadmissibility Waivers For U.S. Immigrants

If you have been found to be inadmissible to the United States, are in removal proceedings or are currently living outside of the country due to a three- or 10-year bar, you might be eligible to apply for a "waiver of inadmissibility." If granted, you will be able to legally re-enter the U.S.

Saenz-Rodriguez & Associates has been helping individuals and families in Dallas, Texas, and abroad with waiver applications and other complex immigration issues for more than two decades. Our experienced attorneys are available to discuss the various waivers of inadmissibility that you may be eligible to apply for and determine the best course of action to take in your situation.

Grounds For Excludability / Inadmissibility

U.S. Citizenship and Immigration Services (USCIS) can determine that you are inadmissible for various reasons. Most cases fall into one or more of the following categories:

  • Criminal violations — This applies to all crimes involving moral turpitude, controlled substance/drug violations (including possession of trace amounts), as well as serious criminal activities.
  • Illegal entrants and immigration law violators — This applies to persons who have entered the U.S. without authorization or proper inspection at a port of entry, or who overstay the terms of their admission (accrued unlawful presence). This can also include persons who have smuggled an illegal alien into the country or have been accused of immigration fraud.

Immigration Waiver Eligibility

To qualify for a waiver, you must establish that your inadmissibility will cause a qualifying relative to suffer "extreme hardship." Qualifying relatives include spouses who are U.S. citizens or lawful permanent residents, parents and sometimes children. Issues accepted as "extreme hardship" are often health-related or economic in nature. The court adjudicates waivers on a case-by-case basis.

Waiver applicants are required to submit supporting documents to show that he or she is eligible and meets the criteria for the requested relief. Documentation may include police reports, medical reports, court convictions, country condition reports and/or affidavits detailing the extreme hardship. Contact us to find out more about demonstrating eligibility.

Provisional Unlawful Presence Waivers

We also assist qualifying applicants with provisional unlawful presence waivers. These waivers allow immediate family members to apply for a waiver of inadmissibility before they exit the country for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

Introduced in 2013, this process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

Contact Saenz-Rodriguez & Associates

If there is a solution, we will find it. Our immigration lawyers fight hard to protect our clients' best interests and are knowledgeable about the various forms of relief available. Contact our immigration law offices to arrange for an initial consultation. Call 214-646-1208.

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