The Waiver Process: Seeking a pardon
Under U.S. immigration law, certain applicants for permanent residence or visas are considered to be “inadmissible” to the United States. This means that these persons cannot receive visas, or become permanent residents, unless they are eligible for, and are granted, a “waiver of inadmissibility.” A waiver can be considered as a pardon for the situation that makes the person inadmissible.
Under U.S. immigration law, there are many reasons for being considered inadmissible. The most common reasons are:
- entering the United States without permission.
- remaining in the United States after your permission has expired, then departing the United States.
- providing false information or documents to U.S. immigration officials in order to enter the United States or to try to get an immigration benefit.
- being convicted of certain crimes.
Just as there are many different reasons for being inadmissible, there are also many different types of waivers.
Michael Carlin has the experience you need to analyze all of the details of your specific situation, and then to determine whether you are eligible for a waiver.
Many people who need waivers are in the process of applying for a permanent resident (green card) status or for an immigrant visa or a fiance / fiancee visa on the basis of a family relationship. If you are in this situation, then you might need to show that a denial of your waiver application would result in an extreme hardship to your qualifying relative. The question of who qualifies as a “qualifying relative” depends on the reason for your inadmissibility and on the type of waiver that you may request.
Preparing a strong waiver application requires considerable time, effort, and legal expertise. Michael Carlin has years of experience handling waiver applications, and will provide you with the time and attention that you need in order to prepare and submit a strong waiver application.
This page does not provide legal advice, and is intended only as a general introduction. Please contact us for more information.