Waivers
Unlawful Presence
Applicants who have entered the United States without a valid visa, who have violated the terms of their visa, or have remained in the United States beyond their authorized period of stay, have accrued unlawful presence. If your unlawful presence has reached a certain amount of days, your unlawful presence may have caused you to be inadmissible in the United States. You may waive this ground of inadmissibility in certain circumstances. Contact us to see if you are eligible.
Misrepresentation/Fraud
If you have ever sought to procure an immigration benefit by fraud or misrepresentation of a material fact, you are inadmissible to the United States. However, whether misrepresentation or fraud occurred is very nuanced question of law. Even if a fraudulent act or misrepresentation did occur that would cause an applicant to be inadmissible, the applicant may be eligible for a waiver of their inadmissibility. If you are afraid that you may have be inadmissible for fraud or material misrepresentation, contact us today so that we may evaluate your case.
Communism
Foreign nationals who have been members of or affiliated with the Communist or any other totalitarian party (or any subdivision or affiliate thereof), whether abroad or in the United States, are inadmissible, and will be ineligible to obtain legal status in the United States unless they have an approved waiver of this ground of inadmissibility. If you have ever been affiliated with the Communist party or any other totalitarian party, contact us for assistance.
Health
Applicants for admission to the United States must pass a medical examination to be able to obtain legal status. If an applicant is unable to successfully pass the medical screening due to a diagnosis of a communicable medical disease of public heath significance or an other physical or mental disorder, they may nevertheless be eligible to obtain legal status upon approval of a waiver. If you have been found inadmissible or have medical conditions you fear might prevent you from obtaining legal status, contact us to assist you further.
J two year home residency requirement
Individuals with J visas may be subject to a two-year physical presence requirement abroad, in which the individual is required to return abroad for at least two years after their exchange visitor program. This requirement remains in effect until the two years have been spent abroad, and remains in effect despite any change in nonimmigrant status. If you are subject to the two-year requirement and cannot return home for two years, but want to apply for permanent residence, you must apply for a waiver. Call us today for help.
Crimes
Certain criminal offenses render an applicant ineligible for admission or lawful status in the United States. Not every crime renders an applicant inadmissible; however, when a conviction or convictions do render an applicant inadmissible, it is not the end of the road. Waiver exist to allow applicants with certain crimes to be admitted to the United States despite their criminal history. If you have ever been arrested for, charged with, or convicted of a crime and want to know how it will affect your journey to obtain status, contact us.
Alien Smuggling
If you have ever encouraged, induced, assisted, abetted, or aided your spouse, parent, son, or daughter to enter the United States in violation of the law, you may be inadmissible for alien smuggling. This is most commonly seen when entering the United States without inspection with your family or paying for a smuggler (more commonly referred to as a “coyote”) to bring your relative to the United States. If you believe you might fall within this ground of inadmissibility, contact us as soon as possible to assist you in this matter.
Prior Orders of Removal
A previous order of removal is a serious matter, but does not automatically bar an applicant from obtaining immigration benefits. Applicants with prior orders of removal must ask for permission from the government so that they may reapply for admission to the United States. It is imperative that the applicant have not already re-entered the United States after having left the country pursuant to their removal (deportation) order. The application for the government’s permission to re-apply is complicated, so contact us immediately to see if you qualify.