US Waiver of Inadmissibility Lawyer
Visas for Those Considered Inadmissible to the U.S.
The U.S. Department of Homeland Security may find you inadmissible to the U.S. for a number of reasons. If you have been deemed inadmissible to the U.S., the emigration attorneys of Ferman Law may be able to obtain a waiver of inadmissibility for you.
A waiver of inadmissibility may be required if you have been denied entry to the U.S. or if your application for a change of status, extension of status or adjustment of status has been denied for any of the following reasons:
- Criminal grounds: The U.S. Department of Homeland Security and U.S. Department of State will check criminal records for any arrest or conviction. You are inadmissible if you have committed a crime involving moral turpitude. However, there may be an exception if it were a petty offense.
- Misrepresentation: If you have made a willful misrepresentation of a material fact in order to gain an immigration benefit, you will likely be found inadmissible. For example, before entering the U.S. under the Visa Waiver Program, you are required to complete a form that asks if you have ever been arrested or convicted of a crime of moral turpitude. If you check the box that says “No,” forgetting that you were once convicted or even just arrested, you could be denied entry because of visa fraud.
- Security-related grounds: Ever since 9/11, American immigration officials have been more likely to deny entry to those they believe pose a possible security threat to the country.
- Immigration violations: If you have a prior record of unlawful presence in the U.S. or were previously removed (i.e., deported) from the country, you may be denied entry to the U.S.
- Health-related grounds: If you do not have the required vaccinations, if you are labeled a drug or alcohol abuser, if you have a communicable disease like Ebola, TB or certain sexually transmitted diseases, you may be barred from entry.
- Subject to 2-year foreign residence requirement: In some instances, we are able to obtain a J-1 waiver, which waives the requirement for certain foreign nationals to leave the U.S. for two years.
If you are applying for an immigrant visa, our emigration lawyers will complete and file Form I-601, an application for waiver of inadmissibility, and help you obtain a visa for entry into the United States. If you are applying for a nonimmigrant visa, we can assist you with the appropriate documentation to request a waiver of inadmissibility for that type of visa as well.
In general, visas are not required for citizens of the 35 visa waiver countries. If you have been denied admission to the U.S., you must obtain a visa even if you are a citizen of one of these countries. In some cases, you may also need a waiver of inadmissibility.