What Is an Immigration Waiver?
10 April 2023
The American immigration system has a very established process for how visitors and immigrants can enter the country. In that process, various categories exist for the type of applicants that file for a request for entry into the country, whether for short-term visits like tourism or long-term visits for work entry or permanent residency.
Each type of request has its own channel for processing. However, there are cases where applications are denied. The most common reasons tend to be criminal history, illegal entry in the past, fraud, or security concerns.
In these cases, exceptions may be made through by applying for a waiver of the underlying inadmissibility. What is known as waiver immigration and with the help of an immigration attorney in Scottsdale.
Types of Immigration Waivers
The most common waivers issued on a regular basis include the following:
Waiver of Inadmissibility for Non-Immigrants – this category is the most used type for those looking to enter the U.S. as non-immigrants.
Waiver of Inadmissibility for Health-Related Grounds – In some instances, people are allowed to enter the U.S. due to disability or for the purposes of health and medical treatment, oftentimes not available in their home country or elsewhere. The waiver can also apply to those who are confirmed to have a communicable disease and did not receive necessary protection or vaccines.
Waiver: Fraud or Misrepresentation – Where a lawful permanent resident was barred from entry due to a determination of fraud or misrepresentation, an exception may be made with this waiver, giving a second chance to request entry and explain why. Additionally, one has to show that the current entry denial would produce extreme hardship to a qualifying U.S. citizen or permanent resident spouse or parents.
Humanitarian Waiver (Relief from Removal) – A catchall waiver, this request allows for the clearance of multiple situations triggering an original denial. One must be a spouse or child of an existing resident or U.S. citizen.
Waiver To Avoid Deportation after Criminal Conviction – The U.S. has the right to deport a convicted felon in the U.S. who also emigrated into the country. This waiver blocks the deportation if approved.
Waiver of Inadmissibility for Criminal Acts – this applies usually for conviction due to political crimes
Unlawful Presence Waiver – For those who have entered the U.S. illegally, normally, such persons are deported and cannot enter again. However, this waiver, if approved, allows entry despite the typical restriction on illegal entry cases. The applicant needs to be a spouse or child of a lawful resident or U.S. citizen. Additionally, extreme hardship documentation needs to be shown as well.
National Interest Waiver – Finally, this version is regularly used by specialized skill holders and professionals whose entry will clearly benefit U.S. interests. Scientists, for example, usually fall into this category. This is not a waiver for an admissibility but rather a waiver for the need to apply for a labor certification application.
Remember, the U.S. government forms can be extremely confusing. Filling out the wrong information can easily trigger a mistake and denial. Working with immigration attorneys in Scottsdale, AZ, ensures the information is submitted correctly in the best case possible.
JCL Immigration Attorneys, PLLC can help with all of the above waivers and their related application. Call us today to schedule an appointment.
