The government denies an immigration application under certain circumstances because of a person’s criminal record or immigration history. In addition, US immigration law may determine that a person is ineligible, or “inadmissible,” to come to the US or obtain a visa.
When a person is declared “inadmissible,” it is because they meet any of the following characteristics:
-Has been convicted of a particular crime or has participated in certain acts.
-He violated your immigration status in certain ways (for example, he was unlawfully present in the US for a certain period of time and left the US)
-He has been physically deported or removed from the US
-You have a prior order of removal/deportation, but you never left the US.
What are the exemptions used for? Waivers are an essential tool in the immigration process, especially for people who are otherwise ineligible for immigration benefits due to specific grounds of inadmissibility. Below we detail them:
-The waiver of inadmissibility is available to individuals who would otherwise be inadmissible to the United States due to a particular reason.
-Another type of immigration waiver is the provisional unlawful presence waiver. This waiver is available to individuals who have accrued unlawful presence in the United States and are seeking an immigrant visa. The waiver allows these individuals to overcome the unlawful presence bar and avoid being separated from their families for long periods of time.
-Other exemptions are available in specific circumstances, such as the exemption from the joint filing requirement for battered spouses and children.
-Waiver of the two-year residence at a home requirement for J-1 Visa Holders.
Immigration waivers are discretionary and are evaluated on a case-by-case basis. Applicants must show that their case justifies the granting of a waiver and provide sufficient evidence to support their application. For this process, we always recommend that you seek the support and legal knowledge of a lawyer.