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Waivers of Inadmissibility

More information about the process for Waivers

Not everyone can enter the United Sates. If you are considered “inadmissible” to the U.S. you are not allowed to enter the country. However you may be able to obtain a waiver which would allow you to enter the U.S. in the future. An individual may be inadmissible to the U.S. for various reasons. Some of the most common grounds of inadmissibility include:

  1. certain criminal acts or convictions;
  2. use of certain controlled substances;
  3. health problems;
  4. and earlier unlawful presence in the U.S.; or
  5. prior removal from the U.S.

There are a few types of Non-immigrant waivers (I-192 waivers) available for those who wish to temporarily visit the U.S. The application for a waiver may be submitted in conjunction with a visa application, or at a port of entry for Canadian citizens. Applicants must be able to prove that they are fully rehabilitated from their inadmissibility, have the appropriate temporary intent and do not pose a risk to U.S. society. Similarly, immigrant waivers (I-601 waivers) are available for those who are applying for permanent residence in the U.S. and can prove that the sponsoring U.S. citizen will suffer from extreme hardship if the waiver is not approved.

In addition to the waiver of inadmissibility, certain individuals require a second type of waiver, known as “permission to re-apply” (I-212 waivers). This waiver is required if the person was previously excluded, deported or removed from the U.S. It is also required for those who have been unlawfully present for more than 1 year and then attempt to re-enter without being admitted.

Frequently asked questions about Waivers (I-192, I-601, or I-212)

No. Only certain acts or crimes make you inadmissible. Specifically, crimes of “moral turpitude”, those related to controlled substances, and some others under the Immigration and Nationality Act. You may also be inadmissible if you have been convicted of 2 or more offenses and if the aggregate jail sentence was 5 years or more. There are also certain exceptions, such as ones for individuals under 18, depending on the circumstances.

Those who admit to having committed acts which constitute the essential elements of a crime may still be inadmissible, depending on the act. You may also be inadmissible for an attempt or conspiracy to commit a certain crime.

The waiver is discretionary, so it is important to include as much helpful information as possible regarding good character and rehabilitation. Suggested documentation includes: letters and or affidavits; awards; proof of education and work experience; proof of volunteer activities, donations and or acts of charity; information about religious affiliations; doctor’s notes; psychological reports; police clearances; proof of achievements; information about family ties; and other documentation, depending on the circumstances.

From the time you submit your waiver application, the adjudication process takes several months to a year, although it could always take longer.

Usually an I-192 waiver is initially valid for 1 year. When you renew it, you may receive a 5-year waiver which can then be renewed every 5 years. I-212 wavers approvals are permanent as is the I-601 waiver approval.

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Why should you hire Mamann Sandaluk LLP to represent you?

Our firm has experienced U.S. immigration lawyers who have worked with major companies and individuals around the world. We would be happy to assist you or your company by providing advice and handling applications to help achieve your short and long-term US immigration goals. If you think you may be inadmissible to the US, we can help you to assess whether or not you require a waiver and, if so, which kind. Waiver applications involve disclosing personal information and proving important aspects of your character to officers, so it is important to properly prepare the application in order to present the strongest case possible. Contact us today to book a consultation or fill out the assessment form.