Can I Receive a Waiver of Inadmissibility When Applying for a Visa?

 Posted on November 18, 2022 in Immigration

The process of applying for an immigrant visa or a green card can be long and complicated. In some cases, a person may be determined to be inadmissible to the United States. A finding of inadmissibility may be due to past criminal convictions, a period of unlawful presence in the United States, or health-related issues. If you have been informed that you are inadmissible to the U.S., you may be wondering if there is any way that you may still be able to receive your immigrant visa or green card. In certain situations, waivers of inadmissibility are available, and with the help of an immigration attorney, you can determine whether you will be able to meet the requirements for this type of waiver.

Eligibility for Waivers of Inadmissibility

Based on the circumstances of your case, the U.S. government may choose to excuse your inadmissibility. If you receive a waiver of inadmissibility, you will still be able to apply for an immigrant visa or green card. The eligibility requirements will be different depending on the reasons for inadmissibility:

• Inadmissibility on health-related grounds due to a communicable disease - If you are inadmissible because you have been diagnosed with a disease such as tuberculosis, you may receive a waiver if you are the spouse, parent, or unmarried child of a U.S. citizen or lawful permanent resident or if you are applying for a visa through the Violence Against Women Act (VAWA). 

• Inadmissibility on health-related grounds related to vaccinations - If you are seeking a waiver because you have not met the vaccination requirements to obtain a visa, you will need to provide evidence that you have sincere religious beliefs or moral convictions that have caused you to be opposed to receiving any types of vaccinations. 

• Inadmissibility on health-related grounds due to mental health issues - If you have been deemed inadmissible because you have a mental illness or other disorder that is associated with harmful behavior, you will need to provide information about your condition and treatment, as well as findings about your prognosis, the likelihood that harmful behavior may occur, and the availability of treatment in the U.S. that will reduce this possibility.

• Inadmissibility on criminal grounds - If you have been convicted of a crime of moral turpitude, marijuana possession, prostitution, or certain other offenses, you may receive a waiver if at least 15 years have passed since the criminal activity and you can show that you have been rehabilitated, if the denial of a visa or green card would cause extreme hardship for a spouse, child, or parent who is a U.S citizen or lawful permanent resident, or if you are a VAWA self-petitioner.

• Inadmissibility due to unlawful presence - If you are subject to a three-year bar due to unlawful presence in the United States for 180 days to one year or a 10-year bar due to unlawful presence for more than one year, you may qualify for a waiver if the denial of your admission would result in extreme hardship for a spouse or parent who has U.S. citizenship or a green card.

Contact Our Dallas Waivers of Inadmissibility Attorney

If you are found to be inadmissible to the United States, all is not lost. You may still be eligible for a waiver of inadmissibility. At Law Office of Jae Lee, a Plano immigration lawyer can review your case and help you to determine whether you meet the requirements for a waiver. To schedule a free consultation and get legal help with your case, call us today at 214-295-3014.