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Get a Waiver of Inadmissibility

Heartland Immigration helps individuals obtain waivers for inadmissibilities that threaten to keep them out of the United States or keep them from adjusting status to that of legal permanent resident. Our immigration lawyers believe you should not have to suffer indefinitely for something in your past or for a something that is beyond your control. We will support you in your effort to have the slate wiped clean so you can realize your U.S. immigration goal.

We are able to bring years of honed legal research and drafting skills to bear in crafting your argument as to why a waiver of inadmissibility should be granted in your case. The body of law related to inadmissibilities is complex and often counter-intuitive, presenting a substantial risk to persons who try to apply without legal counsel. The immigration lawyers at Heartland Immigration will put legal know-how on your side in dealing with the U.S. immigration authorities.

Call Heartland Immigration today for waiver of inadmissibility assistance: 1-855-USA-IMMIGRATE

Who needs a waiver of inadmissibility?

You need to submit Form I-601, Application for Waiver of Grounds of Inadmissibility, to USCIS if one of the ineligibilities found in Section 212(a) of the Immigration and Nationality Act (INA) applies to you, and you are:

  • Outside of the U.S., and are (i) applying for an immigrant visa; or (ii) applying for one of a select few classes of nonimmigrant visas - the most common one for which a waiver is needed is the K-1 fiancé visa; or
  • In the U.S., applying for a green card through the process known as adjustment of status

What makes a person ineligible, requiring a waiver of inadmissibility?

Many grounds for inadmissibility exist under U.S. immigration law. Most involve something a person has done that takes them afoul of the laws, but some are for things beyond a person's control, such as certain health issues. Section 212(a) of INA lists the grounds that make a person ineligible to receive a visa or admission to the U.S. (which includes adjustment of status), which are categorized in the areas of: Health-related grounds; Criminal and related grounds; Security and related grounds; Persons who would be a public charge; Illegal entrants and immigration violators; Persons lacking certain documentation; Persons who are ineligible for citizenship; Persons who have been deported from the U.S.; and "Miscellaneous."

Some of the more commonly encountered grounds of ineligibility include:

  • Drug abuser or addict, one who has engaged in non-medical use of a controlled substance
  • Crimes involving moral turpitude
  • Controlled substance violator
  • Multiple criminal convictions
  • Fraud and misrepresentation in a U.S. immigration matter
  • Student visa abuser
  • Aliens previously deported
  • Aliens unlawfully present in the U.S.
  • Visa overstay, resulting in unlawful presence

How does one get a waiver of inadmissibility?

To get an inadmissibility waiver, one must generally prove to USCIS that "extreme hardship" would be caused for the waiver applicant's US citizen or green card holder spouse, child or parent. This is done by submitting evidence and a convincing argument along with the I-601 waiver application.

Heartland Immigration can help you craft your I-601 iimmigration waiver application package and answer questions like what is extreme hardship in the immigration waiver context. Whether you need a waiver for unlawful presence or for criminal activity, or for any other reason, a Heartland Immigration lawyer can advise.

Inadmissibility waiver in the non-immigrant visa context

In addition to preventing someone from getting a US green card through adjustment of status or consular processing, a USA immigration inadmissibility also keeps a person from getting a non-immigrant visa, such as a US tourist visa, a student visa or an H-1B business visa.

An applicant for a non-immigrant visa does not submit Form I-601 to seek a waiver of inadmissibility. Rather, they request an inadmissibility waiver at a US embassy or consulate abroad. No special form is needed. Heartland Immigration can help you prepare a waiver application packet for these situations for submission to the consular officer, arguing as to why you deserve a waiver.

Give us a call today to see how we can help you obtain a waiver of inadmissibility:

Nationwide: 1-855-USA-IMMIGRATE (1-855-872-4664)

Dallas: (972) 543-3812

Los Angeles: (949) 614-0106

New York: (347) 630-9629

Chicago: (773) 683-1728

Indianapolis: (812) 269-8201

Oklahoma City: (405) 232-2749