US Waivers

Individuals who have either past criminal records or U.S. immigration violations may find themselves inadmissible to the U.S. for both immigrant and nonimmigrant purposes. In these instances, it is necessary that the applicant apply for a waiver of inadmissibility to overcome the inadmissibility issue.

US Waiver Applications

Waiver applications vary depending on the purpose of the application. Immigrant waivers arise generally in the context of a spousal sponsorship application, where the foreign national spouse is found to be inadmissible for criminality or past immigration violations. In those instances, a US waiver is applied for and the applicant must show that refusing to allow the waiver would result in undue hardship for a U.S. citizen or permanent resident over and beyond that of separation.

Non Immigrant US Waivers

With respect to nonimmigrant waivers, the standard considered is whether the inadmissibility is an immigration violation or criminal matter. For both past immigration violations and criminal matters, it is necessary to review the prior violation and to determine the best path for moving forward with the waiver application.

When the inadmissibility arises from criminality, the application is reviewed to determine if the foreign national will pose any risk to the United States if permitted to enter. The applicant must submit evidence of current employment, rehabilitation, past criminal charges, sentencing, etc., and information regarding his/her personal stability. This can be a very complicated application and it is recommended that counsel is conferred with prior to submitting the application.