Have you considered whether you are legally eligible to receive a U.S. immigration visa or adjustment of status to become a legal permanent resident? In order to become a legal permanent resident in the U.S., you must be able to demonstrate that you are eligible for such status. Some things can make an applicant inadmissible for permanent immigration to the U.S. This includes certain prior immigration or criminal violations in the applicant’s record. This is true regardless of whether an applicant is otherwise eligible to qualify for permanent resident status. If you are otherwise eligible for permanent resident status in the U.S., but have a prior immigration violation or criminal violation that renders you ineligible, you may want to pursue a waiver of inadmissibility.
What Is a Waiver of Inadmissibility?
Overstaying a visa, being unlawfully present in the U.S., or falsely claiming to be a U.S. citizen are all immigration violations that can render an applicant inadmissible for permanent residency. This can also be true if you have previously been deported or found inadmissible at a U.S. border as well as producing false documents to an immigration officer. Furthermore, there are criminal offenses as well as health issues and a history of drug use that can also render an applicant inadmissible for permanent resident status in the U.S. Some past issues and violations will act as a permanent bar to U.S. immigration for an individual. Many violations, however, can be waived. This is where a waiver of inadmissibility comes in.
You should first determine whether you actually need a waiver to achieve permanent resident status in the U.S. Not all issues will require a waiver and may largely depend on the issue itself as well as the type of immigration methodology you plan to utilize to obtain benefits. The majority of issues may be waivable, however if you can demonstrate that you should be eligible for favorable discretion to be exercised by the U.S. Citizenship and Immigration Services (USCIS) offices.
Should you require a waiver in order to successfully proceed in achieving lawful permanent resident status in the U.S., then you should do so as soon as possible. Do not wait until the date when your immigration interview is just around the corner. It can take weeks or months to gather the necessary documentation to submit a waiver request.
Officers from USCIS have the power to exercise discretion in deciding who should be recommended for a waiver of inadmissibility. Several factors will be weighed in determining whether to request a waiver. In some cases, a person may need to prove that a close relative is set to suffer extreme hardship should the waiver applicant not be permitted to immigrate to the U.S. In this type of situation, USCIS will evaluate factors such as those that would indicate that a close relative is unable to leave the U.S. and relocate to his/her country of origin. You would need to show that this is not an option and that the relative will suffer as a result. Such factors would include the current conditions in the home country, as well as the medical conditions of your relative.
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com