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When is a waiver of Inadmissibility is available?

When is a waiver of Inadmissibility is available?

Whether a waiver of inadmissibility will be available will depend upon the underlying inadmissibility ground, the immigration benefit sought, and other case-by-case discretionary factors. Inadmissibility grounds caused by criminal activity are set forth section 212 (a) (2) of the INA.

Can you apply for a visa waiver if you are inadmissible?

Applicants for tourist, student, or other temporary U.S. visas who are inadmissible may not, in all cases, be able to apply for a waiver. Some foreign nationals are ineligible to the United States due to the September 2017 travel ban executive order, but a waiver is available under certain conditions.

When to use an INA 212 ( H ) waiver?

1. INA 212 (h) waiver is available in cases where the alien’s admission to the United States would not be contrary to the national welfare, safety and security of the United States and the applicant has been rehabilitated, and the activities for which the applicant is inadmissible occurred more than 15 years before the date of visa application; or

Do you need to apply for a waiver to enter the US?

Most non-immigrants traveling to the United States need to apply for advance permission to enter as a non-immigrant. Immigrants and some specific types of non-immigrants may need to apply for a waiver on the grounds of inadmissibility.

What is a waiver of grounds of inadmissibility?

A Waiver of Inadmissibility, also known as a Waiver of Grounds of Inadmissibility, is a waiver for entry into the United States given by the U.S. Citizenship and Immigration Services ( USCIS) to individuals who have been deemed legally inadmissible either as non-immigrants or immigrants.

How to qualify for a USCIS waiver of inadmissibility?

Evidence that establishes why you may qualify for a waiver of inadmissibility, which depends on the ground (s) of inadmissibility that apply to you and should include evidence to show why USCIS should grant you a waiver of inadmissibility as a matter of discretion.

When to request a review of inadmissibility grounds?

[3] The officer must review all inadmissibility grounds that the applicant lists in the waiver application. If the applicant states that he or she is inadmissible but there is no evidence of inadmissibility in the record, then the officer should issue a Request for Evidence (RFE).

How to file an inadmissibility waiver with CBP?

You may also receive filing instructions by e-mailing the CBP/ARO at [email protected] Attorneys should address their inquiries to: [email protected]