DuPage County Immigration Inadmissibility Lawyers
Waivers for Ineligible or Inadmissible Immigrants in Illinois
There are times when a foreign national may be found inadmissible and ineligible to receive a visa to enter the United States. There are other times when foreign nationals are found inadmissible even if they are already present in the country. However, options are available for ineligible or admissible immigrants to obtain a waiver to enter or stay in the U.S. This is a highly complex area of the law, however, and the consequences of making an error can be very serious. If you or a family member has been found inadmissible, it is important to speak with a skilled immigration lawyer to discuss your options.
At Mevorah & Giglio Law Offices, we have several decades of combined experience helping clients in Chicagoland and throughout Northern Illinois with all matters related to immigration. Our award-winning attorneys regularly represent clients before the U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration Customs Enforcement (ICE), and we have a strong track record of success dealing with these agencies. When a foreign national is found inadmissible, we put our experience to work to thoroughly examine the case and explore all legal options for ineligible or inadmissible immigrants.
Obtaining a Waiver of Inadmissibility
There are several general instances in which an immigrant may need to apply for a waiver of inadmissibility. Some of the most common include:
- Prior Deportations or Removals: An alien that was previously deported and wants to re-enter the country can apply to have the statutory waiting period waived.
- Unlawful Presence: Waivers can be sought to remove the three or ten-year bar for those immigrants who entered the country illegally or overstayed their visa.
- Criminal Charges and Convictions: Waivers are available for crimes over 15 years old, and crimes of moral turpitude (CMT) provided there are no prior aggravated felony convictions, and you meet other specific criteria.
- Nonimmigrant Waivers: Nonimmigrants who fall into one of several categories may apply for a waiver of inadmissibility to enter the U.S. on a temporary visa.
To be granted a waiver, the applicant must show some kind of extreme hardship that would result from not being admitted into the United States. Factors that may be considered include health, finances, education, specific personal circumstances and in general, the strength of your ties to the U.S.
There are some specific circumstances in which certain foreign nationals may qualify for immigration relief even though they may otherwise be found inadmissible. These include:
- Life Act: Certain immigrants and their dependents who meet the qualifications to be grandfathered in under Section 245i of the Legal Immigration Family Equity (Life) Act may apply for an adjustment of status and a green card.
- NACARA: Certain Nicaraguans, Cubans, Guatemalans, Salvadorans and former Soviet Bloc nationals may be eligible for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
- U Visa and VAWA: Victims of serious crimes, battered spouses and in some cases battered parents and children may apply for U visa or file a petition for relief under the Violence Against Women Act (VAWA).
- Asylum: Foreign nationals who are physically present in the U.S. and fear persecution if they return to their home country may petition for asylum.