In general, people think that if you have entered into United States unlawfully by crossing borders or you have remained in the United States unlawfully for a long time will not be able to obtain permanent residence, this is not totally true because in most of cases there are provisions under immigration laws where a person may be able to apply a waiver to overcome the disqualification. A waiver is simply like asking government to forgive you for your wrongful act that led to your disqualification.
There are many grounds on which an alien is barred from admission or adjustment into United States. There are different kinds of bars to admissibility based on different wrongful acts or omissions. A person may be barred based on medical grounds, commission of criminal offenses including drug related offenses, unlawful entry into the United States or remaining in the country after expiration of a valid visa. One common disqualification ground is the violation of the terms of non-immigrant visa such as a student visa or visitor visa. A student visa violation may include but not limited to, accepting an employment without prior authorization from immigration authorities or taking lesser number of credits at the school then required to maintain full-time student status. Also, people entering on fancies visa are ineligible for adjustment in the country if their residence petition is based on a marriage to a United States citizen or resident other than the one who initially filed for fiancé’s visa.
However, it is worth mentioning that there are several scenarios in which an alien will not be able to overcome admissibility by filing waivers, Aliens convicted of serious crimes such as homicide, rape or terrorism will not have waivers available to them.
There are various waivers available to overcome different bars to admissibility. The two common waivers that are filed by most of the applicants are:
- 601A Waiver;
- 601 Waiver
If you or your loved one is facing inadmissibility and need to file a waiver, please call our office. Our office has successfully won many waivers and our success rate is 30% above the national average. Please call our office to make an appointment with our attorney, Michael Quddous, Esq., by calling the phone number below