Fairfax Waivers of Inadmissibility Attorney

Lawyer Helping Inadmissible Immigrants Apply for Waivers in Fairfax, Virginia

Under U.S. immigration laws, there are reasons that a person may be inadmissible to the United States, preventing them from obtaining visas, Green Cards, or other immigration benefits. However, in some cases, a waiver of inadmissibility may allow an immigrant to overcome these barriers. Obtaining a waiver can be a complex process, and a person will need to meet specific requirements and provide persuasive evidence. The assistance of a skilled attorney can be invaluable when addressing these concerns.

At The Estevez Group, PC, our immigration lawyer works with immigrants and family members to help them navigate the challenges that may arise when applying for visas or Green Cards or addressing other legal concerns. We can help secure the waivers needed to enter or remain in the United States legally, and we will work to resolve any problems that may arise during the immigration process.

Reasons for Inadmissibility

A person may be deemed inadmissible to the United States for a variety of reasons, including but not limited to:

• Health-Related Grounds: These may include a communicable disease that could put others at risk, a failure to meet vaccination requirements, or mental health conditions that may pose a threat to public safety.
• Criminal Activity: People will usually be inadmissible if they have any convictions for crimes involving moral turpitude (CIMT), which may include violent crimes, fraud, or other offenses that have caused physical or financial harm to others. Drug offenses, crimes related to human trafficking, and other severe criminal conduct will usually result in inadmissibility.
• Immigration Violations: A person who had previously been deported from the U.S. will usually be considered inadmissible. An unlawful presence in the United States of at least 180 days will typically result in a three-year bar against admissibility, while unlawful presence exceeding one year will result in a 10-year bar.
• Security Concerns: Claims that a person is associated with terrorist organizations or has been involved in acts that pose a threat to U.S. national security will usually make them inadmissible.
• Fraud or Misrepresentation: An immigrant who has provided false information to immigration officials to obtain a visa or another immigration benefit will likely be deemed inadmissible.

When Are Waivers of Inadmissibility Available?

A waiver of inadmissibility will allow a person to overcome a ground of inadmissibility and proceed with their immigration application. Waivers are not granted automatically. Applicants must meet specific criteria and provide compelling evidence to support their request.

Waivers may be available depending on the type of inadmissibility and the applicant's circumstances. Reasons why a person may be eligible for a waiver include:

• Family Hardship: In most cases, a person applying for a waiver will need to demonstrate that their inability to enter or remain in the United States would cause extreme hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. These relatives may include spouses, children, or parents.
• Humanitarian Grounds: Waivers may be granted based on concerns that an immigrant would face persecution or safety concerns in another country. A refugee or asylum seeker may be allowed to remain in the U.S. despite certain inadmissibility factors.
• Rehabilitation: In some cases, an immigrant who has a criminal conviction may qualify for a waiver if they can show evidence of rehabilitation and demonstrate that granting the waiver is in the public interest.
• Unlawful Presence: Certain immigrants who are subject to bars to admissibility may apply for provisional waivers, which will require them to leave the United States and apply for a visa through a U.S. embassy or consulate in another country.

Requirements for Waivers

The specific requirements for obtaining a waiver will depend on the grounds of inadmissibility and the type of waiver being sought. General requirements may include:

• Qualifying Relative: In many cases, an immigrant will need to show that they have a U.S. citizen or lawful permanent resident relative who would suffer extreme hardship if they do not receive a waiver.
• Evidence of Rehabilitation or Good Moral Character: For a waiver of inadmissibility based on criminal convictions, an applicant must provide proof of rehabilitation, such as community service, employment, or other positive contributions to society.
• Supporting Documentation: An applicant must submit comprehensive evidence to support their case, including medical records, affidavits from family members, and financial documents.

Contact Our Fairfax, VA Waivers of Inadmissibility Lawyer

If you or a family member are concerned about whether inadmissibility may affect your ability to obtain or maintain a legal status in the United States, The Estevez Group, PC can help you determine whether you may qualify for a waiver of inadmissibility. Our attorney will work with you to apply for a waiver and provide all required documentation and evidence. Contact our office at 703-829-5179 to arrange a free consultation. Let us help you overcome immigration barriers and achieve your goals.