Salem, OR Waivers & Pardons Lawyer

Here are some of the key grounds:

• Health-related grounds: This includes having a communicable disease of public health significance, lacking required vaccinations, or having a physical or mental disorder that threatens oneself or others.
• Criminal and related grounds: Individuals with certain criminal convictions, such as crimes involving moral turpitude, drug offenses, or multiple criminal convictions, may be deemed inadmissible.
• Security-related grounds: This includes involvement in terrorist activities, espionage, or membership in a totalitarian party.
• Public charge: Individuals likely to become primarily dependent on the government for subsistence may be considered inadmissible.
• Labor certification and qualifications: Those seeking employment-based visas without proper labor certification or qualifications may face inadmissibility.
• Illegal entrants and immigration violators: This includes individuals who have entered the U.S. illegally, overstayed their visas, or misrepresented material facts to obtain an immigration benefit.
• Documentation requirements: Failure to possess valid entry documents, such as a passport or visa, can result in inadmissibility.
• Prior removals and unlawful presence: Individuals previously removed from the U.S. or those with significant periods of unlawful presence may be barred from reentry for a specified period.
• Miscellaneous grounds: This includes polygamists, child abductors, and individuals who have engaged in human trafficking or money laundering.

Each ground of inadmissibility has specific criteria and exceptions; in some cases, waivers may be available to overcome these barriers. Consulting with our immigration attorney can provide guidance on addressing inadmissibility issues. 

Waivers That Address Inadmissibility for Clients in Salem, OR

Several waivers available under U.S. immigration law can address various grounds of inadmissibility. 

These waivers allow individuals to overcome specific barriers and proceed with immigration applications. 

• I-601 Waiver (Application for Waiver of Grounds of Inadmissibility): This waiver is used to overcome inadmissibility due to health-related issues, certain criminal convictions, immigration fraud or misrepresentation, and unlawful presence. It often requires showing that denying the waiver would result in extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative. 
• I-601A (Provisional Unlawful Presence Waiver): Specifically for individuals who are inadmissible due to unlawful presence, this waiver allows them to apply for a waiver before leaving the U.S. for consular processing. It is designed to minimize the time families are separated during the immigration process.
• I-212 Waiver (Permission to Reapply for Admission into the United States After Deportation or Removal): This waiver is for individuals who have been previously removed or deported and wish to reenter the U.S. It allows them to apply for permission to reapply for admission.
• 212(d)(3) (Nonimmigrant Waiver): This waiver allows nonimmigrants who are inadmissible for various reasons to enter the U.S. temporarily for specific purposes, such as tourism or business.
• Waiver for Health-Related Grounds: Individuals inadmissible due to certain health conditions, such as communicable diseases, may apply for a waiver if they meet specific criteria, such as agreeing to medical treatment.
• Criminal waivers: For specific criminal grounds of inadmissibility, waivers may be available if the applicant can demonstrate rehabilitation or if the crime occurred many years ago.
• Fraud or misrepresentation waiver: Individuals who are inadmissible due to fraud or misrepresentation may apply for a waiver if they can show that refusal of admission would cause extreme hardship to a qualifying relative.

Each waiver has specific eligibility requirements and application procedures. It is advisable to consult with an immigration attorney to determine the best course of action and for guidance in correctly preparing your waiver application. 

What is the Process for Obtaining a Waiver?

The process for obtaining a waiver involves several steps, including identifying the appropriate type of waiver, gathering sufficient evidence to demonstrate eligibility, and filing the required forms with the U.S. Citizenship and Immigration Services (USCIS). 

This often includes proving extreme hardship to a qualifying U.S. citizen or permanent resident relative or showing rehabilitation and positive factors in cases involving criminal conduct. Legal advice is vital to navigating the process so that all submissions meet legal standards.