Inadmissibility and Waivers
Unlawful Presence Grounds
Public Charge Ground
Communist Party Member
Prior Removal from the U.S.
Getting visa petition approval is the first step toward permanent residency. Immigration law prohibits individuals under certain circumstances from entering the United States as a nonimmigrant or immigrant, or adjusting status to permanent resident. However, the law also provides that these inadmissible individuals may be granted a visa if specific requirements related to their ground of inadmissibility are met. For many of these grounds of inadmissibility, an individual has the opportunity to request a waiver when his or her visa application is denied.
Waiver applications are in general very complicated and difficult to obtain. We encourage you to contact us for consultation.
The following are some of the more common basis of visa denials that may require the submission of a waiver application.
Criminal ground. Conviction of certain crimes, or conviction of crimes at certain times, may render an alien inadmissible. Criminal conviction may also render a permanent resident losing that status.
Fraud/Misrepresentation ground. If you ever provided false information or misrepresented yourself before USCIS or other immigration authorities or consulate offices, you are inadmissible. Such misrepresentation may include, but are not limited to, false marrital status, false claim of employment, false claim of the purposes coming to the United States.
Unlawful Presence. If you overstayed your authorized stay in the U.S. for more than 6 ,omths but less than 12 months, once you depart the U.S., you will be barred from returning to the U.S. or adjusting your status to permanent resident for three years; if your overstaying is more than 12 months and after you depart the U.S., you will be barred for ten years to return or to adjust your status.
Public Charge ground. If you are found to be likely to become public charge after admission as immigrant, you are inadmissible. No waiver available under this gound.
Communist Party Member. Unless the membership is involuntary or you have terminated your membership for more than 5 years(3 years if the party is not in control of the government), your membership in communist party will render you inadmissible.
Alien Smuggling ground. If you are found that you had helped others enter the United States illegally or otherwise violated immigration law, you are inadmissible. This includes if you bring your family members, especially young child, to the United States and leave them in the United States to go to school.
Prior Removal ground. If you were removed from the U.S. and you entered the U.S. without prior approval from USCIS, you are inadmissible. You should apply for adbance Permission to Reply Admission BEFORE you depart the U.S.
J-1 Visa Waiver. If you were or are in J-1/J-2 status, you may be subject to the 2 year residence rule and unless you receive waiver, you cannot adjust your status to permanent resident or change your status in the U.S. from J1/ or J-2 to F, H, L, O or P visa.