Factors of Waivers of Inadmissibility in Alexandria

In order to come to the United States and reside here legally, individuals must be deemed admissibile. If someone is denied/ruled inadmissible, that can be a major barrier. However, if there are extenuating circumstances, a person could apply for a waiver of inadmissibility. There are certain factors of waivers of inadmissibility in Alexandria, these factors could impact whether an individual’s application for a waiver is accepted or denied. If you want to know more about the waivers of inadmissibility process, speak with a knowledgeable waivers of inadmissibility attorney that could help.

People Who Are Eligible to Apply for Waivers

Some waivers require that the applicant have a qualifying relative with a U.S. citizen or a lawful permanent resident spouse, parent, and sometimes child in order to be eligible for a waiver.  Waivers often also require that the person must show extreme hardship to this qualifying relative, which can include factors such as their financial, emotional, psychological states and other extenuating factors of waivers of inadmissibility in Alexandria. A person is eligible to apply for the waiver if they meet the necessary criteria for the benefit. There is no consideration based on the racial, religious, political or other backgrounds or affiliations for the applicant.

Minors Applying for Waivers

Minors can apply for waivers. If a minor is found inadmissible, then they need to apply for a waiver so long as they meet the criteria for eligibility. However, often times, minors will be required to submit a waiver for inadmissibility because they will not have committed crimes and will not have acquired unlawful presence. However, that is not always the case.

If it is an unlawful presence waiver, those under the age of 18 do not accumulate unlawful presence, so they would not need a waiver for inadmissibility on those grounds, and minors usually do not have crimes that make them inadmissible to the United States.

Important Information About Waivers of Inadmissibility

One of the most important things to know about waivers of inadmissibility is that some crimes or infractions cannot be waived, even with a waiver. Some waivers require a qualifying relationship and a showing of extreme hardship, which is not showing just general hardship, it must be extreme, and more than would be suffered by another applicant in similar circumstances.

Another important thing to keep in mind about waivers is that the USCIS (“United States Citizenship and Immigration Services”) does not place a restriction on the number of times a person may file Form I-601. When a person submits documents as a part of their waiver application, they should present a copy of their waiver approval as evidence that USCIS has approved their waiver and their visa eligibility.

Does a Waiver of Inadmissibility Automatically Result in a Green Card?

Even if someone is granted a waiver of inadmissibility, one must still meet the eligibility criteria of becoming a lawful permanent resident in order to receive a green card. With that being said, having a waiver of inadmissibility can increase a person’s eligibility for receiving a green card because one of the lawful permanent resident eligibility criteria is that a person is admissible to the United States.

Being found inadmissible will prevent a green card applicant from receiving a green card. However, if the person is able to prove eligibility for a waiver by having a qualifying relative who will suffer extreme hardship without approval, then the applicant is able to overcome inadmissibility.

If a person already has family living in the United States, that will also be a factor that is considered, especially if the waiver requires a qualifying relative. A qualifying relative is someone who is a U.S. citizen or lawful permanent resident, spouse, parent or child.

Claims Factored Into Waivers of Inadmissibility

There are certain claims that could be factored into a waiver of inadmissibility. These factors of waivers of inadmissibility in Alexandria, can make a difference in whether a waiver is granted or not. For a non-immigrant waiver, the adjudicator will look at the risk of harm to society if they are admitted to the United States, the seriousness of their criminal or immigration law violation that makes them inadmissible, and the reasons why they are seeking entry to the United States. For an immigrant waiver, the adjudicator will look at the nature of inadmissibility, determine whether a waiver is available, whether a qualifying relative is required, and whether that qualifying relative will suffer extreme hardship if the intending immigrant is not admitted.

Effect of These Claims

These claims form the basis for the adjudicator to determine whether or not the waiver will be granted. For instance, an adjudicator deciding whether or not to grant a waiver that requires the showing of extreme hardship, will require the adjudicator to determine whether or not there is a U.S. citizen or lawful permanent resident spouse, parent, or child who will suffer extreme hardship in the form of more harm that would ordinarily be suffered by someone in a similar position. These claims are often made for a waiver of inadmissibility because there are discretionary considerations to be made.

Importance of Working With an Alexandria Waiver of Inadmissibility Attorney

An experienced waiver of inadmissibility lawyer can be an invaluable asset to individuals and can provide them with advice on which factors of waivers of inadmissibility in Alexandria may most affect their application. An attorney might also explain that applicants should be aware that providing sufficient documentation will be the key in having a waiver application approved, no matter the reason for inadmissibility. That is why individuals should provide their attorney with all available evidence and all positive equities in order to overcome a finding of inadmissibility by an adjudicator. If an individual needs guidance during the waiver of inadmissibility process, they should consult a skilled attorney that could help.

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