If you are applying for an immigration visa, employment visa, visitor visa, or other type of visa authorizing your travel to the United States, your application may be denied if you are found inadmissible for various reasons. Depending on the circumstances, you may be able to apply for a waiver of inadmissibility specific to your situation, such as for health-related grounds, criminal grounds, and more. But what happens if you are found inadmissible due to allegations of immigrant fraud and misrepresentation? To answer this question, we must first examine how immigration waivers work.
WHAT IS A WAIVER OF INADMISSIBILITY?
Simply put, a waiver of inadmissibility is a formal request by an alien applicant for the U.S. government to “forgive” them for the ground for which they have been found inadmissible so they still receive a visa or green card. For example, say A were to marry B, who is an American citizen. During A’s adjustment of status meeting, however, it is revealed that they had previously attempted to enter the US using a passport listing a different name, making them inadmissible. Because of this, A must apply for and be granted a waiver for immigration fraud and misrepresentation before they will be able to receive lawful permanent residence.
WHO IS ELIGIBLE TO RECEIVE A WAIVER FOR IMMIGRATION FRAUD AND MISREPRESENTATION?
To be eligible for a waiver for immigration fraud and misrepresentation, you must be able to satisfy at least one of the following requirements:
- You must be able to show that a qualifying U.S. citizen or permanent resident spouse or parent would experience undue hardship if you are denied admission, or
- You are a VAWA self-petitioner and your qualifying U.S. citizen or permanent resident parent or child would experience undue hardship if you are denied admission.
With that being said, applicants who satisfy these requirements are not guaranteed to be approved for a waiver and applications are reviewed by the United States Citizenship and Immigration Services (USCIS) on a case by case basis. As such, it is highly recommended you retain the services of a knowledgeable attorney to maximize your chances of securing a favorable outcome.
NEED A WAIVER? USILAW CAN HELP
If you have been denied entry to the United States, our team of Montgomery County immigration attorneys at USILaw can provide the strong legal support you need to strengthen your chances of receiving a waiver of inadmissibility.
Discover your legal options by calling our office today at (800) 335-8520.
