Can I Bring My Children to the U.S. with My Green Card?
Waivers, in certain instances, may be used to overcome a ground of inadmissibility or to prevent removal from the United States. They may be necessary even if you are already legally in the United States. If you are applying for a green card or a visa and the immigration service believes you are inadmissible, you may need a waiver. If you are already in the United States and have violated immigration or criminal law, you may be eligible for a waiver to prevent removal or deportation. If a lawyer from our firm can find a legally sound reason to do so, we use waivers of inadmissibility both for the denial of entry and as a defense to removal proceedings. If you need an immigration lawyer’s advice about the best ways to overcome a denial of entry or a green card into the United States, or to present a defense to removal on the grounds, contact Sesini Law Group for an initial consultation about your problem.
What Does It Mean to Be Inadmissible to the United States?
Inadmissibility is a legal determination made by immigration authorities that prevents a person from entering the United States or obtaining lawful status. In many cases, individuals are found inadmissible during the visa or green card process, though it can also arise in removal proceedings. While inadmissibility and deportability are related concepts, they are not the same. Inadmissibility generally applies to those seeking entry or adjustment of status, while deportability applies to individuals who have already been admitted but are alleged to have violated immigration laws.
What Are the Most Common Grounds of Inadmissibility?
There are a wide range of reasons why a person may be considered inadmissible under U.S. immigration law. Some of the most common include:
- Criminal history, including certain arrests or convictions
- Immigration violations, such as overstaying a visa or unlawful presence
- Fraud or misrepresentation in prior immigration applications
- Health-related conditions that raise concerns for public safety
- Prior removal or deportation from the United States
What Is an Immigration Waiver and How Does It Work?
An immigration waiver is a form of relief that allows certain individuals to overcome a ground of inadmissibility. In other words, even if immigration authorities determine that a person is inadmissible, a waiver may allow that person to proceed with a visa or green card application, or to remain in the United States in certain circumstances. Waivers are discretionary, meaning they are not automatically granted, and they require a detailed showing that approval is warranted under the law.
Who Qualifies for a Waiver of Inadmissibility?
Not everyone who is found inadmissible will qualify for a waiver. Eligibility depends on the specific ground of inadmissibility and the type of waiver being sought. In many cases, applicants must demonstrate that a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent, would suffer significant hardship if the waiver is not granted. Each case is evaluated individually, and even small details can have a meaningful impact on the outcome.
What Is Considered “Extreme Hardship” in a Waiver Case?
Many waivers require a showing of what immigration law refers to as “extreme hardship.” This is a higher standard than the normal difficulties that come with family separation or relocation. Examples of factors that may be considered include:
- Financial hardship, including loss of income or inability to meet basic needs
- Medical issues that require treatment in the United States
- Emotional and psychological impact on family members
- Conditions in the applicant’s home country that may affect safety or stability
- The overall impact of long-term family separation
Discuss an Inadmissibility or Removability Case With Experienced Immigration Attorneys
If you have a criminal record, certain health problems, or a previous history of immigration problems, such as fraud or unlawful presence, you may be inadmissible, and the visa application could be denied unless you can demonstrate to immigration officers that extreme hardship will result for a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent.
At Sesini Law Group, we aid clients in seeking remedies involving waivers, including:
- 212(c) waivers for lawful permanent residents
- Adjustment of status
- 212(h) waivers for those with past criminal records
- 209(c) waivers for refugees and asylees
- 212(i) waivers for fraud or misrepresentation
- 212(a)(9)(B) waivers for unlawful presence
- 237(a)(1)(H) Waivers which are generally available to lawful permanent resident aliens who obtained their green card through some kind of fraud or misrepresentation.
A Note on 212(c) Waivers and Older Convictions
Section 212(c) was repealed effective April 1, 1997, and replaced with cancellation of removal. It remains available only in a narrow set of cases. Under INS v. St. Cyr, a lawful permanent resident may still apply for 212(c) relief where the qualifying conviction resulted from a guilty plea entered before the repeal, and where the applicant would have been eligible under the law in effect at the time of that plea. Because eligibility turns on the date and manner of the conviction, anyone with a pre-1997 criminal history should have the record reviewed before assuming this relief is unavailable.
Contact a Waiver of Inadmissibility Lawyer in Milwaukee
If you are inadmissible in the eyes of immigration officials, it is important to discuss your situation with an experienced law firm. Sesini Law Group has decades of practice in all immigration issues. Our firm is ready to step in and help you through the toughest of situations. For a consultation with a skilled waivers of inadmissibility lawyer, contact Sesini Law Group today.
