Waivers
In U.S. immigration law, a waiver refers to an official forgiveness granted by the Department of Homeland Security (DHS) or an immigration judge to an individual who would otherwise be deemed inadmissible or deportable. The Immigration and Nationality Act (INA) sets forth grounds for inadmissibility and deportability.
Grounds of Inadmissibility
The noncitizens seeking admission to the United States as immigrant visa applicants, certain nonimmigrant visa applicants, adjusting status to lawful permanent resident, or certain other immigration benefits must generally establish that they are “admissible” under INA § 212. The grounds of inadmissibility serve as the reasons a noncitizen can be refused admission to and/or removed from the United States and apply to noncitizens seeking admission at the border and in removal proceedings.
The grounds of inadmissibility include health-related grounds, criminal and related grounds, security and related grounds, public charge, lack of labor certification and qualifications for certain immigrants, illegal entry and immigration violations, lack of required documentation, ineligibility for citizenship, prior removals and unlawful presence, and several miscellaneous grounds.
The classes of people who are subject to the grounds of inadmissibility include EWI entrants (entry without inspection); applicants for admission at the border, including nonimmigrant visa holders, visa waiver applicants, and immigrant visa holders arriving for the first time; applicants for adjustment of status; refugees; lawful permanent residents who fall within INA § 101(a)(13)(C); parolees; and alien crewmen. A noncitizen who is paroled or permitted to land temporarily as an alien crewman is not, however, considered to have been admitted.
Grounds of Deportability
The grounds of deportability are the reasons that a noncitizen who has already been admitted can be removed from the United States. The grounds of deportability under INA § 237 include inadmissibility at the time of entry or of adjustment of status or violation of status, criminal offenses, failure to register and falsification of documents, security and related grounds, public charge, and unlawful voting.
The classes of people who are subject to the grounds of deportability include nonimmigrant visa holders who are in the United States following a lawful admission; visa waiver entrants; visa holder and visa waiver overstays in the United States; and lawful permanent residents who do not fall within INA § 101(a)(13)(C).
In specific situations, certain grounds of inadmissibility and deportability can be waived by DHS or an immigration judge. If DHS or the judge grants the noncitizen’s application for a waiver, the noncitizen will not be refused admission or removed. In certain circumstances, however, the noncitizen may meet an exception or exemption from a ground of inadmissibility or deportability; therefore, no waiver is required to overcome the inadmissibility or deportability.
Navigating the waiver process requires a thorough understanding of immigration law. Given the intricate legal requirements and potential consequences involved, it is crucial to seek help from an experienced immigration attorney who assists in screening for potential grounds, assessing eligibility, gathering evidence, and preparing a solid waiver application.
To learn how ImmiThrive Law Firm can help you throughout the entire waiver process, book your consultation now.
Waivers
In U.S. immigration law, a waiver refers to an official forgiveness granted by the Department of Homeland Security (DHS) or an immigration judge to an individual who would otherwise be deemed inadmissible or deportable. The Immigration and Nationality Act (INA) sets forth grounds for inadmissibility and deportability.
Grounds of Inadmissibility
The noncitizens seeking admission to the United States as immigrant visa applicants, certain nonimmigrant visa applicants, adjusting status to lawful permanent resident, or certain other immigration benefits must generally establish that they are “admissible” under INA § 212. The grounds of inadmissibility serve as the reasons a noncitizen can be refused admission to and/or removed from the United States and apply to noncitizens seeking admission at the border and in removal proceedings.
The grounds of inadmissibility include health-related grounds, criminal and related grounds, security and related grounds, public charge, lack of labor certification and qualifications for certain immigrants, illegal entry and immigration violations, lack of required documentation, ineligibility for citizenship, prior removals and unlawful presence, and several miscellaneous grounds.
The classes of people who are subject to the grounds of inadmissibility include EWI entrants (entry without inspection); applicants for admission at the border, including nonimmigrant visa holders, visa waiver applicants, and immigrant visa holders arriving for the first time; applicants for adjustment of status; refugees; lawful permanent residents who fall within INA § 101(a)(13)(C); parolees; and alien crewmen. A noncitizen who is paroled or permitted to land temporarily as an alien crewman is not, however, considered to have been admitted.
Grounds of Deportability
The grounds of deportability are the reasons that a noncitizen who has already been admitted can be removed from the United States. The grounds of deportability under INA § 237 include inadmissibility at the time of entry or of adjustment of status or violation of status, criminal offenses, failure to register and falsification of documents, security and related grounds, public charge, and unlawful voting.
The classes of people who are subject to the grounds of deportability include nonimmigrant visa holders who are in the United States following a lawful admission; visa waiver entrants; visa holder and visa waiver overstays in the United States; and lawful permanent residents who do not fall within INA § 101(a)(13)(C).
In specific situations, certain grounds of inadmissibility and deportability can be waived by DHS or an immigration judge. If DHS or the judge grants the noncitizen’s application for a waiver, the noncitizen will not be refused admission or removed. In certain circumstances, however, the noncitizen may meet an exception or exemption from a ground of inadmissibility or deportability; therefore, no waiver is required to overcome the inadmissibility or deportability.
Navigating the waiver process requires a thorough understanding of immigration law. Given the intricate legal requirements and potential consequences involved, it is crucial to seek help from an experienced immigration attorney who assists in screening for potential grounds, assessing eligibility, gathering evidence, and preparing a solid waiver application.
To learn how ImmiThrive Law Firm can help you throughout the entire waiver process, book your consultation now.
Waivers
In U.S. immigration law, a waiver refers to an official forgiveness granted by the Department of Homeland Security (DHS) or an immigration judge to an individual who would otherwise be deemed inadmissible or deportable. The Immigration and Nationality Act (INA) sets forth grounds for inadmissibility and deportability.
Grounds of Inadmissibility
The noncitizens seeking admission to the United States as immigrant visa applicants, certain nonimmigrant visa applicants, adjusting status to lawful permanent resident, or certain other immigration benefits must generally establish that they are “admissible” under INA § 212. The grounds of inadmissibility serve as the reasons a noncitizen can be refused admission to and/or removed from the United States and apply to noncitizens seeking admission at the border and in removal proceedings.
The grounds of inadmissibility include health-related grounds, criminal and related grounds, security and related grounds, public charge, lack of labor certification and qualifications for certain immigrants, illegal entry and immigration violations, lack of required documentation, ineligibility for citizenship, prior removals and unlawful presence, and several miscellaneous grounds.
The classes of people who are subject to the grounds of inadmissibility include EWI entrants (entry without inspection); applicants for admission at the border, including nonimmigrant visa holders, visa waiver applicants, and immigrant visa holders arriving for the first time; applicants for adjustment of status; refugees; lawful permanent residents who fall within INA § 101(a)(13)(C); parolees; and alien crewmen. A noncitizen who is paroled or permitted to land temporarily as an alien crewman is not, however, considered to have been admitted.
Grounds of Deportability
The grounds of deportability are the reasons that a noncitizen who has already been admitted can be removed from the United States. The grounds of deportability under INA § 237 include inadmissibility at the time of entry or of adjustment of status or violation of status, criminal offenses, failure to register and falsification of documents, security and related grounds, public charge, and unlawful voting.
The classes of people who are subject to the grounds of deportability include nonimmigrant visa holders who are in the United States following a lawful admission; visa waiver entrants; visa holder and visa waiver overstays in the United States; and lawful permanent residents who do not fall within INA § 101(a)(13)(C).
In specific situations, certain grounds of inadmissibility and deportability can be waived by DHS or an immigration judge. If DHS or the judge grants the noncitizen’s application for a waiver, the noncitizen will not be refused admission or removed. In certain circumstances, however, the noncitizen may meet an exception or exemption from a ground of inadmissibility or deportability; therefore, no waiver is required to overcome the inadmissibility or deportability.
Navigating the waiver process requires a thorough understanding of immigration law. Given the intricate legal requirements and potential consequences involved, it is crucial to seek help from an experienced immigration attorney who assists in screening for potential grounds, assessing eligibility, gathering evidence, and preparing a solid waiver application.
To learn how ImmiThrive Law Firm can help you throughout the entire waiver process, book your consultation now.