Waivers of Inadmissibility and Green Cards in Fairfax

Being granted a waiver of inadmissibility does not automatically give a person a green card and further, having a waiver does not expedite the green card process. These will depend on an individual’s circumstances. A person needs to be eligible to apply for a waiver of inadmissibility in conjunction with a green card application. This means a person needs a qualifying relative, an immediate relative who would be the qualifying relative for the extreme hardship factor if it is a criminal waiver of inadmissibility. A person needs to have an individual who is eligible to apply for them, which would be a spouse or a child who is over 21 or a parent who can file an I-130 petition that proves that the petitioner is, in fact, a US citizen and that they have a  true relationship.

If the bonafide familial relationship actually exists, the application is submitted with the 601 waiver with the green card application, which is filed on USCIS Form I-45. A person needs to prove they are eligible for a green card and that they should be able to gain admissibility despite the ground of an applicable inadmissibility. When considering waivers of inadmissibility and green cards in Fairfax, there can be a lot of complications and confusing parameters making it important for a person to work with a waivers of inadmissibility attorney in Fairfax who can help to streamline any issues they have.

Applying with Family Living in the US

If a person already has family living in the United States, someone’s increased eligibility may depend on who the family member is, and it would be an instable part of the application if a person is dealing with a criminal waiver of inadmissibility which requires extreme and unusual hardship. If a person has other relatives like aunts and uncles, that does not really increase their chances unless they can use an extended family presence in the United States that will serve in the hardship claims. In some cases, for example, if the person has the life of a US citizen and, has spent their entire life on the same block with family members living on the same block, they can show an increased hardship for them to leave, to abandon that family connection.

Past Inadmissibility

If someone was deemed inadmissible to enter the US at one point, but they received the waiver, being inadmissible in the past could have an impact on getting a green card after they received that waiver in Fairfax. Once a person has received that waiver, as long as they have not entered the United States on that waiver, whatever grounds of inadmissibility they requested to waive will continue to be waived. They do not have to reapply for the waiver. For instance, if a person applied for a waiver of inadmissibility and entered on a fiancé visa, they would not have to re-waive those grounds of inadmissibility when they applied for a green card in Fairfax.

It is fairly common for a person to apply for a waiver of inadmissibility and then come to the United States and have committed another act that has rendered them inadmissible during that time. In that case, they will need a new waiver. The waiver does not waive all future conduct, it only waives the explicit conduct disclosed on the waiver application approved before.

Grounds of Inadmissibility

In some cases, a person can be rendered inadmissible because they have admitted to some prior conduct which are grounds of inadmissibility even if they have not been convicted. Unfortunately, this can really applied unfairly, for example, if a person has admitted to a medical examiner that they have used marijuana in the past or drink regularly. In this case, the adjudicator can attempt to apply one of the medical grounds of inadmissibility to them, saying they are a threat to the public safety.

No conviction is required for the inadmissibility determination to be made. The determination is based on prior conduct, which is also true of criminal inadmissibility. If somewhere on a person’s record or in an interview with an immigration officer, they admit to having stolen things or some other serious conduct that would render them criminally inadmissible if convicted, then they can still be determined to be inadmissible in Fairfax.

Fairfax Waivers of Inadmissibility Lawyer