Not everyone who seeks admission into the United States or who submits a visa application–whether immigrant or non-immigrant, in the U.S. or outside the U.S.–is eligible to enter, visit or live in the United States. In the event that you or someone you know has been denied a visa or entry into the U.S. due to one of our inadmissibility laws, you may be eligible to seek a waiver of inadmissibility to waive the violation of U.S. law. Although this process will delay entry, it can be completed independently of legal counsel. However, the process is very complicated and it is advisable that you or the party denied the visa seek the guidance of a well-qualified removal attorney, deportation attorney or immigration lawyer who can ensure that the criteria for being eligible for the visa is met, that the proper evidence is submitted to USCIS or the Department of Justice to seek the waiver of inadmissibility, and that the party making the application can receive approval of their waiver application.
Common Reasons for Inadmissibility
Some of the most common reasons for inadmissibility are previous criminal convictions, illegal presence or health-related issues and concerns, or immigrant or non-immigrant visa applicants who do not have their proper documents or who have had previous immigration violations.
Are You Eligible for a Waiver?
Non-immigrants seeking temporary residence and temporary visitors may be eligible to apply for a waiver of inadmissibility. However, applicants who are seeking permanent residency may receive a more favorable outcome if they can show long-term ties to the U.S, such as extended family relations, a U.S.-based spouse, U.S.-born children or long-term residence. It is important to understand that a waiver of inadmissibility is a lengthy process, however. It allows you to enter the United States, and in some cases become a permanent resident,versus being denied.
Can My Waiver of Inadmissibility Be Approved and My Waiver Process Be Successful?
Each year, numerous waiver applications are successfully processed and approved, allowing foreign nationals to visit and reside in the United States both on a permanent and temporary basis. The primary key for a successful waiver application is fulfilling all the necessary steps in order to show that the foreign national in question is not a threat to society, that the waiver is humanitarian in nature, that the person is eligible, and that the waiver will serve the best interest of the public. The argument in favor of the waiver must be very specific in nature in order to meet these requirements. As such, a well-qualified removal lawyer, deportation lawyer or immigration attorney can greatly assist in creating a viable argument in favor of receiving a waiver of inadmissibility.
If you or a loved one has been deemed inadmissible for entry into the U.S. and you or they would like to speak to a removal attorney, deportation attorney or immigration attorney to have them review your individual case and your facts regarding the inadmissibility, please contact the law offices of Goldstein & Scopellite, PC, for an in depth consultation.
Goldstein & Scopellite, PC, is located in Dallas, Texas, and in Tucson, Arizona, and was established in 2002. For more information, please see our local listing in D Magazine.
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