In order to qualify for a U.S. visa or adjustment of U.S. Immigration status, the applicant must be deemed “admissible” to the United States. If the applicant is deemed inadmissible, then he or she may have the option of filing for a waiver of inadmissibility when applying for an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other 
immigration benefits.
A waiver of inadmissibility is usually used in one of three instances:
- The applicant has criminal charges on his/her record;
- The applicant had previous U.S. immigration violations;
- The applicant had a record of misrepresentation or fraud to the U.S. government in a previous immigration petition or application for admission.
Persons are much less likely to receive a waiver if they are deemed inadmissible due to security issues, as these situations have a greater potential to cause harm to the American public.
Applying for a waiver of inadmissibility can be very complex, as you are asking the United States Government to make an exception to the general rule for your situation, and very few people are actually granted these waivers.
The applicant for the inadmissibility waiver must prove the reasons for granting the visa outweigh the seriousness of the reason for inadmissibility. Due to this subjective standard, it is important to consult an immigration attorney experienced in inadmissibility waivers to assist you, as he will be able to guide you through the standards of the waiver and the burden of proof for which you are responsible.
Additionally, you will most likely have to wait over a year before you receive a response regarding the waiver of inadmissibility.
If you are in need of a waiver of inadmissibility and believe you qualify, then contact Boyer Law Firm, P.L. today.
