Waivers of Inadmissibility
Entry into the US requires lawful admission through inspection and authorization by a United States Immigration Officer. To be eligible for lawful admission, the foreign national must not be inadmissible. Certain foreign nationals are not considered to be eligible to enter to the United States or to adjust status to permanent residence within the United States if they are determined to be inadmissible. There are many grounds or reasons why a foreign national may be inadmissible and they include but not limit to the following:
Grounds For Inadmissability (INA S212)
Health Related Grounds such as having a communicable disease such as HIV infection or Infectious tuberculosis; failure to receive vaccinations against certain vaccino-preventable diseases; Physical or Mental Disorder and behavior related to that disorder; or Persons determined to be drug abuser or addict;
Economic Grounds meaning Persons likely to be considered as becoming a charge upon the public. The term public charge describes persons who can not support themselves and who depend on benefits that provide cash such as the use of Medicaid or other government funds to pay for long term care. It is important to note that receiving food stamps alone or other non-cash programs will not generally affect a person’s immigration status. The criteria for determining “public charge” is complex. If you have any concerns as to whether you immigration status will be affected under this ground, contact Cipolla Law Group for a consultation.
Past Immigration Grounds can be found for Persons who have the history of:
- Misrepresentation For Immigration Purposes;
- Commiting Document Fraud such as deliberately using a false birth certificate to obtain a U.S. passport;
- Previous Removal Orders;
- Overstaying in excess of 6 months;
- Entering the U.S. without Inspection.
Criminal Grounds – Persons committing crimes of moral turpitude are inadmissible. A crime of moral turpitude is “conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of Morality….” Immigration generally does not list specific crimes as moral turpitude, but rather is the “inherent nature of the crime as defined by statute and interpreted by the courts as limited and described by the record of conviction” Some examples of Crimes of Moral Turpitude are:
- Assault and/or Battery;
- Carrying Concealed Weapon with Intent to Use or Firearms Discharge;
- Child or Spousal Abuse;
- Drug Offenses unless less than 30mg of marijuana
- Driving Under the Influence or Disorderly Conduct;
- Fraud & Misrepresentation
- Money Laundering
- Murder and Voluntary Manslaugher
- Terrorist Threats
Waivers of Inadmissibilty
The above list of reasons of inadmissibility are not exhaustive, however are some of the common grounds for inadmissibility. Congress has granted Immigration and the Attorney General discretion to waive these grounds for inadmissibility. The word “waive” means that under certain circumstances, a person’s ground of inadmissibility can be “forgiven”. To successfully have these grounds waived, a formal waiver application must be diligently prepared and submitted to the Immigration office. There are numerous Waivers of inadmissibility available, if you think you may be inadmissible, you need an experienced Immigration Attorney to review and strategically prepare your case. Contact Cipolla Law Group for a consultation.
Common Waivers Cases – Enter without Inspection
A common problem in Immigration is for a Foreign National to enter the US without inspection and legal admission into the US. If the Foreign National is the spouse or child of a US Citizen, then an Extreme Hardship Waiver of Inadmissibility may be available. Extreme Hardship Waivers have considerable risk, as in most cases they require the Foreign National to depart the United States and apply through the USCIS at an overseas Consulate. In preparing the application, the Foreign National and the US Citizen Relative must prove that under Section 212(i) of the INA, extreme hardship to the qualifying relative will be created if the Foreign National is not admitted to the U.S. and if the Qualifying Relative moved abroad.
Factors in proving extreme hardship may include medical hardships requiring the Qualifying Relative and Foreign National to stay in the US, financial and economic reasons, along with family ties. Due to the complexity and risk of Extreme Hardship Waiver Applications, it is important to have a skilled Immigration Attorney to review and strategically your case. Contact Cipolla Law Group for a formal consultation.