Nonimmigrant Waiver of Inadmissibility
Reasons for Inadmissibility
An applicant for admission to the United States may be deemed inadmissible for a variety of reasons. The most common reasons for a determination of inadmissibility requiring a waiver is:
- prior history of criminal activities;
- fraud in applying for or obtaining a US visa;
- unlawful presence in the US longer than 6 months, subjecting applicants to a mandatory 3 to 10 year bar from entering the US.
An applicant who has been determined to be inadmissible may be eligible to file a waiver of inadmissibility. Each application is unique and requires individualized analysis of the facts, to determine eligibility for a waiver and the likelihood that a waiver application will be successful. The factors to be considered include: the recency and seriousness of the activity or condition causing the alien’s inadmissibility; The reasons for the proposed travel to the United States; and The positive or negative effect, if any, of the planned travel on U.S.public interests. Waivers should be granted if it is not contrary to U.S. interests.
How to apply for a Non Immigrant Waiver
A request for a non immigrant waiver is made at the U.S. Consulate or embassy where a visa is requested. If the consulate approves the application, it forwards its recommendation to the Department of Homeland Security, which has the final say on these applications. If the consulate denies the application, the applicant may request the Department of State to review the application. If it denies the application, the case is closed. If it recommends approval, it forwards the application to DHS for its final determination
Before applying for a waiver, it is imperative to understand the reason for a finding of inadmissibility and whether or not the finding is correct. If it is erroneous, then the finding should be challenged by requesting reconsideration and presenting additional evidence. If the finding is correct, then the factors for waiver outlined above must be reviewed to prepare the best argument for rehabilitation and approval of the waiver.
At Robinson Kirlew & Associates, we can assist you in representing your interests in your request for a nonimmigrant waiver of inadmissibility. Please feel free to contact us so that we may be able to assess your case.
