Waivers of Inadmissibility

Helping Individuals Determined Ineligible for Entry

There are many reasons individuals from other countries might be considered ineligible to be admitted to the United States. Some of these might include an immigrant's criminal history, health conditions or various other reasons. When individuals are denied entrance or continued stay into the U.S. for such reasons, there are still steps they can take to potentially change their circumstances. With the guidance of a knowledgeable legal professional, people in these situations can apply for waivers of inadmissibility. This waiver can also considered a form of removal relief, or deportation relief, considering that it can help individuals who are being forced to leave the United States for grounds of inadmissibility.

At the Law Offices of Jonathan A. Bartell, LLC, our highly competent Ohio immigration attorney can help you determine whether applying for a waiver of inadmissibility is the best option for you. If so, he and his knowledgeable legal team can help you ensure you are following the correct procedures. We help clients throughout Cincinnati, Columbus, Cleveland and other surrounding cities in Ohio, as well as other individuals around the U.S. and the world.

What is Considered Grounds of Inadmissibility?

Here are a few of the reasons immigrants, or prospective immigrants, can be considered inadmissible to the U.S.:

  • Health-related grounds (such as when the individual has a significant communicable disease)
  • Criminal grounds (such as if the individual was convicted of certain crimes)
  • Immigrant's membership in a totalitarian party
  • Immigration fraud
  • Smuggling activities
  • Immigrant's unlawful presence in the U.S. after previous immigration violations

Individuals can file for waivers of inadmissibility after they have applied for immigrant visas outside the United States, have had their visa interviews with a consular officer (or who have gone through consular processing) and have been deemed inadmissible, according to information provided by the U.S. Citizenship and Immigration Services (USCIS) website. Anyone applying for an adjustment to his or her immigration status in the U.S. can also apply for this waiver. This might be the case when an immigrant is trying to use the waiver as deportation defense.

If you are considering applying for this waiver, you should make sure you qualify, as there are various stipulations involved. An attorney from our office can provide more in-depth information in this area. There are certain situations that can disqualify individuals from filing for waivers of inadmissibility, such as when the person was convicted of some of the most serious crimes (such as murder) or when the person fraudulently claimed to be a U.S. citizen.

Overcoming Issues of Inadmissibility

When individuals file waivers of inadmissibility, they are not required to show proof that disproves their grounds of inadmissibility. Rather, the waiver provides a potential way for the applicant to enter or remain in the United States despite the circumstances that make him or her ineligible. In order to successfully obtain a waiver of this kind, the individual must generally show that the being deported for inadmissibility and subsequently barred from the U.S. for a certain number of years will cause extreme hardship to the person's parent or spouse who is a U.S. citizen or permanent resident. In some cases, the extreme hardship of a child might also be allowed for consideration.

Cincinnati Immigration Lawyer Guiding You Step-by-Step

When you apply for a waiver of inadmissibility, you will be required to submit certain documentation, and you will need to effectively demonstrate that you should be allowed to have your ineligibility to enter overlooked. Failing to fill out your paperwork correctly or failing to make a strong statement can only harm your chances of obtaining your desired goal. Don't take any chances when it comes to your future—take advantage of our years of experience and get the guidance you need. Call our office and fill out a case evaluation, free of charge, so we can begin helping you!