Waivers

Waivers

With over 28 years of immigration experience, the team at Vernon & Associates P.C. has successfully assisted thousands of individuals who were previously denied entry to the United States. We help them secure waivers, remain in the U.S., and reunite with their families.

WHY HIRE VERNON & ASSOCIATES, P.C. FOR IMMIGRATION WAIVERS?

If you have been denied entry into the US due to inadmissibility reasons such as health-related grounds, previous criminal convictions, or other factors, our experienced immigration waiver attorneys will carefully review your case, identify the appropriate waiver, and guide you through the process.

WHAT IS A WAIVER IN IMMIGRATION?

Some individuals are prohibited from entering or obtaining legal status in the United States due to inadmissibility. If eligible, they may apply for a waiver to overcome these restrictions.

The purpose of an immigration waiver is to:

● Promote family unity and humanitarian outcomes

● Advance national interest when admitting noncitizens benefits the US

● Provide relief for victims of human trafficking, refugees, and asylees seeking protection or permanent residency

● Address public health and safety by ensuring applicants meet medical requirements or receive necessary treatment before admission

● Weigh national security concerns against the humanitarian and social benefits of granting admission

WHAT IS INADMISSIBILITY?

In immigration law, inadmissibility refers to the inability to enter the US legally. Common reasons include:

● Health: Communicable diseases or mental health conditions that may pose risks to public health or safety.

● Criminal Reasons: Criminal records that could endanger public safety.

● Fraud or Misrepresentation: Attempts to enter the US using fraudulent identities.

● Other Reasons: Alien smuggling, visa abuse, illegal entry, or renunciation of US citizenship to evade taxes. If an official determines a person is inadmissible, they assess whether the applicant qualifies for a waiver or other relief.

Officials include representatives of agencies such as the US State Department, the Department of

Homeland Security, US Citizenship and Immigration Services (USCIS), and Customs and Border

Protection (CBP).

WAIVER ELIGIBILITY REQUIREMENTS

The US Citizenship and Immigration Services (USCIS) outlines specific conditions for waiver eligibility:

● The applicant satisfies all regulatory and statutory requirements

● A waiver for the inadmissibility ground is available

● A favorable exercise of discretion is warranted

COMMON TYPES OF IMMIGRATION WAIVERS

Different types of waivers under the Immigration and Naturalization Act (INA) address various grounds of inadmissibility. Some of the most common include:

● Waiver of Inadmissibility for Nonimmigrants (INA 212(d)(3)): For individuals applying for admission at a port of entry or consular post abroad.

● Waiver of Health-Related Grounds (INA 212(a)(1)): For those inadmissible due to health reasons, such as communicable diseases or vaccine requirements.

● Waiver of Fraud or Misrepresentation (INA 212(i)): For individuals who entered the US with fraudulent identities or misrepresentation.

● Waiver to Avoid Deportation After a Criminal Conviction (212(c)): For lawful permanent residents placed in removal proceedings due to criminal convictions.

● Waiver of Inadmissibility for Criminal Acts (212(h)): For individuals with certain criminal convictions, with varying requirements based on the offense and other factors.

● Waiver of Unlawful Presence (I-601A): For individuals with unlawful presence leading to a three- or ten-year bar to reentry.

● Waiver After Prior Removal: For individuals seeking a visa after being removed from the US.

● National Interest Waiver: For individuals seeking to immigrate without labor certification, benefiting the national interest.

HOW TO APPLY FOR A WAIVER

To apply for most inadmissibility waivers related to health, fraud, or criminal convictions, file Form I-601, Application for Waiver of Grounds of Inadmissibility. For waivers related to unlawful presence, submit Form I-601A. To determine the appropriate waiver for your situation and identify the necessary supporting documents, contact the knowledgeable immigration attorneys at Vernon & Associates.

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