About Waivers of Inadmissibility

Insight from Our St. Charles Immigration Lawyers

There are often times when someone will have the ability to obtain status in the U.S., but because of certain circumstances, the government considers them 'inadmissible' or ineligible. In this situation, you need to acquire what is known as a waiver of inadmissibility in order to legally become a citizen. Whatever the case, it is of vital importance that you get the 'inadmissible' status changed. However, it may be difficult to do so without the help of an experienced immigration lawyer.

Reasons For Being Deemed Inadmissible

The most common reason that individuals need to file a waiver is that they entered the U.S. without inspection and are now married to a U.S. citizen who has filed paperwork for them. If an individual entered the country without inspection, they are generally required to leave the U.S. to obtain a visa at a consulate abroad.

If any individual has been in the country for more than one year without permission, when they leave they are subject to a 10 year bar to returning to the U.S. because of that unlawful presence. In this situation, it may be possible to seek a waiver that can allow them to return without having to wait the full 10 years.

An individual may also need a waiver if they have made misrepresentations in the past or if they have been deported before. They may also need a waiver because of their criminal history or because they assisted someone in coming to the United States illegally.

In addition, someone who comes on a J-1 visa may be subject to a 2-year foreign residency requirement before being allowed to get a green card. These individuals, too, can file a waiver for that 2 year requirement of living abroad if they can meet certain requirements and are eligible for a green card here.

Get a St. Charles Immigration Attorney on Your Side.

The attorneys at Smith Law Offices, LLC have over 50 years of combined experience in helping clients with immigration cases. We understand how confusing and frustrating this area of law can be, and that is why were are committed to helping you get the resolution that you are seeking. If you would like to retain our services, please start by telling us about your case.