The United States Citizenship and Immigration Services provides inadmissibility waivers for those who have been found legally inadmissible. There are two categories of waivers: non-immigrant and immigrant. Only certain grounds qualify for a waiver, and there is no guarantee that one will be granted.
An inadmissibility waiver, also known as an inadmissibility grounds waiver, is a waiver of entry into the United States provided by the United States Citizenship and Immigration Services (USCIS) to persons who have been found legally inadmissible either as a nonimmigrant than as immigrants. Persons who do not have the right to lawful entry into the country for one or more reasons can submit an application for a waiver of inadmissibility. If specific requirements associated with the grounds for inadmissibility are met, a Waiver of Inadmissibility may be granted and the person will be allowed to enter the country.
Ineligibility waivers fall into two categories: non-immigrant and immigrant. Non-immigrant waivers, unless a security issue is the basis for inadmissibility, are generally granted on a somewhat loose basis. Some of the factors that are considered in granting a nonimmigrant waiver are the type of risk the applicant poses if admitted, the severity of the person’s immigration law violation, and why the applicant wants to enter the country. A waiver of ineligibility for an immigrant visa is more difficult to obtain. This type of waiver is only available on a narrow set of grounds and usually requires proof that a U.S. citizen or permanent resident will face severe hardship if the applicant is not admitted.
Only certain grounds qualify as a basis for requesting a waiver of inadmissibility. If a person has been denied admission based on health concerns such as a communicable disease or mental disorder, an application for an exemption may be submitted. Additionally, a waiver of inadmissibility may be required if an individual is denied admission on certain criminal grounds involving, for example, commercial vice, moral turpitude, and controlled substances. Some people who have committed immigration violations, such as previous deportations, illegal entries, document fraud or student visa abuse, may also be eligible for a waiver.
You can also request a waiver of ineligibility for security reasons, such as a history of espionage or terrorist activity or membership of a political party that supports the overthrow of the United States government. Economic reasons could also be a basis for a person to request a waiver. Finally, there are a number of miscellaneous reasons for denial, such as being a draft dodger, which could be a basis for obtaining a waiver. Regardless of the type of waiver requested, there is no guarantee that one will be granted.
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