A waiver is the solution for a person who is not eligible to be admitted into the United States or to adjust his or her status in the United States, or who is in danger of losing his or her status. When a person is in such a difficult situation, he or she may obtain lawful admission by filing an application for a waiver of inadmissibility.
Waivers are available to both those who are already permanent residents and those who are trying to become permanent residents.
It is important for the applicant to show ties to the United States (such as family members or residence of long duration), and to give the impression that, on balance, his or her obtaining the waiver(s) in question is more justifiable that his or her not getting it. If at all possible, the applicant must also show that the United States will benefit, in some way, if the applicant obtains the waiver.
Granting a waiver application is in discretion of the USCIS or the immigration judge. The likelihood of success will vary, based on the ground of inadmissibility and the strength of the individual’s case. It is the burden of the applicant to establish the equities of his or her case.
To build a winning waiver application case may be time consuming, challenging, and complicated. To fully display equities of the case to the USCIS or the immigration judge requires strategies, skills, and experience. It is extremely important to find a strategic and experienced immigration attorney who is willing to sit down with you to listen to you and to build a winning case for you.
Waivers are frequently sought to overcome one or more of the following:
Failure to possess required documentation when one tries to enter the USA
Health-related grounds, such as having a communicable disease
Certain criminal grounds, such as a conviction for theft, fraud, or prostitution
Immigration fraud or misrepresentation
Likelihood of becoming a public charge