Waiver of Inadmissibility - Legal Representation

Certain kinds of conduct will make a noncitizen inadmissible to the United States (sometimes even if the person already is a lawful permanent resident).

The most common issues include past unlawful presence, fraud or misrepresentation, use of false documents, commission of a crime involving moral turpitude, and a prior order of removal. These issues may stand in the way of a noncitizen’s attempt to immigrate to the United States or even return to the United States after a brief trip out of the country.

Waivers can forgive some of these grounds of inadmissibility. The forms used include I-212, I-601, and I-602. In removal proceedings additional forms are used as well. 

  • INA 212 (h) waives crimes of moral turpitude and possession of marijuana less than 30 grams.
  • INA 212 (i) waives certain misrepresentations.
  • INA 212 (a) (9) (B) (v) waives past unlawful presence in some circumstances.

Waivers are not available, however, for some grounds of inadmissibility, such as drug trafficking or false claims to U.S. Citizenship after September 30, 1996.

The waivers for unlawful presence, misrepresentation, and commission of a crime of moral turpitude usually require:

  1. the existence of a relationship to a qualifying U.S. Citizen or permanent resident family member;
  2. a showing that denial of the waiver would result in extreme hardship to the family member; and
  3. a favorable exercise of discretion.

Certain violent criminal offenses require a higher level of hardship, while some of the other waivers are easier to obtain.

Each waiver has its own requirements and there is a lot of confusion and misconceptions about how they work.

Contact our Immigration Law Firm in Orlando, Florida

If you may need a waiver of inadmissibility, then you should seek help from an experienced board certified attorney who has proven their qualifications to the State Bar in order to have that designation. Call us at (407) 674-6968 during office hours or email us at info@ImmigrationHelpToday.com and we will call you right back. You may also call us at 813-400-0055 to make an appointment at our Tampa location. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. US Immigration Attorney Suzanne E. Vazquez is Board Certified in Immigration Law by the Florida bar. Based in Orlando, Fl.

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Member of the AILA - American Immigration Lawyers AssociationAVVO Top Immigration Attorney Suzanne E. VazquezAVVO Board Certified Immigration Lawyer - Clent's Choice 2012Board Certified Immigration Attorney by The Florida Bar

The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.