What is a Waiver of Admissibility?

What is a Waiver of Admissibility?

Among the many requirements that you must meet to get lawful permanent residence status, or a green card, is admissibility. If you are inadmissible to the U.S. for some reason, then you generally cannot pursue legal residency in the U.S. However, depending on the nature of the condition that makes you inadmissible, you may be able to get a waiver of inadmissibility, which would allow you to gain residency despite your inadmissible status, if you met all other eligibility criteria. Different grounds for inadmissibility have varying requirements to get a waiver; as a result, you need to prepare your waiver application carefully and ensure that you are eligible to apply for the appropriate type of waiver of inadmissibility. Probably the most common grounds of inadmissibility for which people seek waivers is being unlawfully present in the U.S. and/or securing an immigration benefit through fraud or misrepresentation. If you have a U.S. citizen or lawful permanent resident spouse, fiancé, or parent who will experience extreme hardship if you are denied legal residency, then you may qualify for a waiver of this ground of inadmissibility. You don’t qualify for this waiver, however, on the basis of having a U.S. citizen or lawful permanent resident child. The biggest difficulty with this type of waiver application is proving the extreme hardship that would result if you are not permitted to remain living in the U.S. Another common ground of inadmissibility is your criminal background. While waivers are not allowable for crimes like murder, aggravated felonies, or those involving controlled substances, waivers may be granted for crimes of moral turpitude and possession of 30 grams or less of marijuana. You may be eligible for one of these waivers if more than 15 years have passed since you committed the crime and applied for admission to the U.S., or if you have a U.S. citizen or lawful permanent resident spouse, fiancé, child, or parent who will suffer extreme hardship if you are denied legal admission to the U.S. If you are basing your waiver application on the 15-year grounds, then you also must prove that you are not a threat to U.S. safety, security, or welfare, and that you have been rehabilitated. At Landerholm Immigration, A.P.C., we care about you and your family, and want to help you preserve your home in the United States. A waiver of admissibility is only one of the many potential routes to avoiding deportation that may be relevant to your case. If you or a family member fears deportation, you need to speak with an experienced immigration attorney right away. We focus our law practice solely on deportation defense cases, which allows us to expend all of our efforts in standing up for the rights of those who are facing potential deportation. Our California deportation defense lawyers know how to gather persuasive evidence to support your case and we know all of the procedural ins and outs of the U.S. deportation system. Allow us to handle your deportation case by contacting us today to schedule an appointment.
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