The term “inadmissible” is used in the immigration context to describe a person who is not qualified to enter the U.S. under the Immigration and Naturalization Act (INA). Individuals who have been found inadmissible may file an Application for waiver of grounds of inadmissibility (Form I-601). Findings of inadmissibility are usually made by an Immigration Judge when applicant is in removal proceedings, an adjudicating officer at the adjustment of status interview, or by a consular officer during at immigrant or non immigrant visa interview. A waiver is available for many grounds of inadmissibility. The following are some of the most common ones:
- Health related grounds
- Prostitution and commercialized vice
- Crimes involving moral turpitude
- Certain drug related offenses
- Fraud or misrepresentation
- Unlawful presence in U.S.
Approval of a waiver application requires a finding that the refusal of admission to the U.S. of the immigrant alien would cause an extreme and unusual hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be US citizen or a lawful permanent resident spouse or parent. In some cases, U.S. citizen or lawful permanent resident children can also be considered as qualifying relatives.
In order to show extreme and unusual hardship the qualifying relative must provide documentary evidence or an explanation specifying the extreme and unusual hardship that he or she will suffer. Family separation and emotional distress by themselves do not constitute extreme hardship. Extreme Hardship can be demonstrated in many aspects of the qualifying relative’s life, such as health conditions, financial strain, loss of educational opportunities, personal considerations and other factors, such as language barrier, religious and community ties, and cultural shock.
Waivers are difficult to obtain, therefore the assistance of an attorney is imperative in order to maximize the chances of getting an approval. Gonzalez Law Offices has the experience and an outstanding record of successful waivers.