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A waiver of inadmissibility may help immigration efforts

On Behalf of | Jun 12, 2019 | family-based immigration

Entering the United States through Texas or any other border requires all potential immigrants to undergo a serious of tests and pass specific criteria before obtaining a visa. The answers given may automatically disqualify some from continuing the process.

In certain circumstances, the person can apply for a waiver overlooking the portion of the application that the government deems inadmissible.

Inadmissible conditions

United States Code Title 8 is the section of the law which sets forth the criteria that automatically render an applicant ineligible for immigration into the country. These conditions include the following:

  • Medical reasons – Contraction of or failure to immunize against infectious diseases which present a considerable risk to the population; certain mental health conditions and behaviors fall into this category
  • Criminal background – Criminal convictions of any kind
  • Immigration fraud – Lying on the current or previous visa application
  • Membership in the communist party – Listed as a member of a totalitarian or communist regime
  • Human smuggler or similar civil transgressions – Known for facilitating or advocating the transport of people into the U.S. through illegal channels
  • Ban for previous trespass into the U.S. – A person who the government previously deported for illegal immigration

Waiver of inadmissibility application

The U.S. Citizenship and Immigration Services provides those seeking a waiver of inadmissibility under one of the grounds above. Using Form I-601, applicants may request an exception granting the department to override a previously barred condition or infraction. The instructions that go along with the form provide all the circumstances that may qualify for the exception.

A person attempting to secure a visa to immigrate to the United States does not have to demonstrate perfection to achieve his or her goal. Getting a waiver for a previously inadmissible condition is not impossible.