Schedule a Free Consultation 
214-295-3014
Recent Blog Posts
Can I Receive a Waiver of Inadmissibility When Applying for a Visa?
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:
Is there a mistake on your green card?
If you have gone through the process of applying for legal permanent residency, you are probably ready to take a break from dealing with U.S. Citizenship and Immigration Services. After all, receiving a green card can take seemingly forever and requires jumping through dozens of bureaucratic hoops.
When you receive your green card in the mail, you should immediately inspect it for any errors. If you notice one or more, you must take prompt action to correct the problem.
Who owns the mistake?
Your first step is to assign responsibility for the mistake. That is, you must know whether you made the error or whether the USCIS did. To do so, you should look through your permanent residency filing to see if you made a typographic error or some other error. If you did, you likely must pay to correct the problem.
Do you have to pay for a new card?
If the USCIS made the error, though, you probably qualify for a fee waiver. That is, according to the USCIS, you can file a form to request a replacement card without having to pay its filing fee. When you complete the form, be certain to provide accurate and complete information. Also, include the erroneous card with your filing.
Understanding what extreme hardship means
If you are an immigrant looking into potential waivers, the extreme hardship waiver might be one available. It is applicable to people who may claim extreme hardship from deportation.
This waiver, also called the 601 waiver, exists to delay deportation and resist banishment from the country for up to 10 years.
What is extreme hardship?
The U.S. Citizenship and Immigration Services discuss what extreme hardship is. Unfortunately, the definition itself is intentionally left quite vague which means there is a lot of room for interpretation in the immigration courts.
The law defines four specific levels of hardship, though. This ranges from one to four, with four being the least severe. Not only should a person have at least one qualification from level one, but they should have several qualifications from other levels, too. Serious life situations or plausible fears about going back to a home country are ideal for extreme hardship.
Understanding the citizenship oath of allegiance
If you are thinking about becoming a citizen of the U.S., you may be a bit nervous about the English-language requirement and civics test. You also may worry about getting through the lengthy application and interview process. Luckily, there are ways to prepare for each of these.
With some effort, you can probably make your citizenship process go smoothly. If it does, you eventually will arrive at the final stage of the process: the oath of allegiance. Because this is a legally binding and solemn oath, you should think carefully before taking it.
The oath of allegiance
Every aspiring citizen must take an oath of allegiance to the U.S. before becoming a citizen. This tradition, which dates back to the 1700s, requires you to make certain affirmations.
According to the U.S. Citizenship and Immigration Services, you must swear to several tenets, including each of the following:
Can you retake the naturalization civics test after failing it?
If you meet the eligibility requirements to become a U.S. citizen, you may be itching to get through the process. After all, applying for naturalization can be both stressful and expensive. To improve your chances of sailing through your naturalization interview, it is important to study for the civics exam.
Individuals who want to become U.S. citizens must have a general knowledge of American civics, history and government. To test this knowledge, officials with the U.S. Citizenship and Immigration Services give naturalization applicants an oral examination. Regrettably, it is not uncommon for legal permanent residents to fail this exam.
How does the civics exam work?
According to the USCIS, it is entirely possible to prepare for the civics exam, as immigration officials publish the 100 possible questions they may ask you. You do not have to ready yourself to answer 100 separate questions, though. Indeed, the officer will only ask you 10 of them. Because you do not know which 10 to prepare for, however, you should try to learn the answers to all 100.
What happens if a family member’s U.S. citizenship gets denied?
It might take years of planning to help family members obtain U.S. citizenship. Many people may worry about what happens if the United States Citizenship and Immigration Services (USCIS) denies an application.
What happens next depends on the reason for the denial.
When applicants fail the citizenship test
The USCIS requires a test as one step in the citizenship process. When applicants fail the test, they can take it a second time within 60 to 90 days. If they fail the second test, their request gets denied.
Luckily, people can appeal the decision or apply again immediately after paying another application fee. There are no restrictions on the number of times people can reapply to take the test, and they can keep their green cards during this process.
When applicants do not have continued residence
Another citizenship requirement is physically living in the U.S. for at least 30 months out of the previous five years. If applicants can not prove that they resided within the U.S. for enough time, their citizenship may get denied. In these cases, applicants can wait until they have been in the country long enough and reapply.
Should you worry about your green card’s expiration date?
If you are a legal permanent resident of the U.S., your green card undoubtedly has an expiration date. While it makes sense to apply for an unexpired card before yours expires, your legal permanent residency probably does not expire. That is, regardless of your card’s expiration date, you are likely a legal permanent resident forever.
There is an exception to this rule, though. If you are a conditional resident and have a two-year green card, you must take steps to extend your residency. After all, failing to do so may cause immigration officials to try to deport you from the country.
10-year green cards
According to the U.S. Citizenship and Immigration Services, all legal permanent residents must have their green cards with them at all times. If you let your card expire, you may be guilty of a misdemeanor offense. You also may have trouble reentering the U.S. with an expired green card after traveling abroad.
What do you do with a pending green card application?
Even after applying for a green card, it is important to stay on top of the application process the whole way through.
This gives you the best chance of catching mistakes as they happen, as well as ensuring that the application gets processed with no snags or hang-ups.
Stay engaged
The U.S. Citizenship and Immigration Services discuss what to expect when dealing with pending green card applications. First, make sure to stay engaged throughout the process. For example, the USCIS requires an up-to-date address for the application.
If you move, you have 10 days to file the change of address. You need to do so through the USCIS directly, rather than through the U.S. Postal Service. Fortunately, there is a section on their website specifically for this, which allows for quick changes to be made.
How do I prepare for a K-1 visa interview?
Applying for a fiancé visa in the United States is a long process. One of the most important components of the visa process is the associated interview.
Preparing correctly for this interview is key to receiving a fiance visa. According to the US State Department, to prepare for the interview you will need to have a medical examination and ensure that you have all of the proper paperwork at hand.
Medical examination
You must schedule your medical examination in the country where your interview will take place. Additionally, the physician must have approval from the US embassy. This approved physician is the “Panel Physician.” The US government will not accept examinations from non-approved physicians.
If you have children that will join you, they must also have a medical examination. You must complete these examinations before you attend the visa interview. After the examination, the physician will either give you the results in a closed envelope or send them directly to the US embassy.
Know your waiver options against inadmissibility
US immigration has many requirements for anyone entering the country long-term as well as a variety of restrictions that bar certain applicants. However, these grounds of inadmissibility are not black and white.
With the right waver, you may have more options than you think when it comes to applying for your own immigration or helping loved ones with theirs.
Examples of inadmissibility and exceptions
As CitizenPath details, there are several categories of inadmissibility that may or may not have waivers available.
Health-related grounds concern the spread of disease or abuse of drugs. There are waivers available for failing to provide proof of vaccination as well as having a communicable disease. However, drug abusers or addicts do not have a waiver available.
Anyone convicted of a crime may have a harder time applying for a visa as well. Crimes of moral turpitude or prostitution come with waivers. Convictions of human trafficking, however, lack a waiver.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
Results listed are not a guarantee or indication of future case results.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
