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DuPage County Immigration Attorneys

lisle waiver of inadmissibility lawyer

Immigration Lawyers for Waivers of Inadmissibility in Naperville and Elmhurst IL

Individuals who are deemed inadmissible to the United States can apply for a waiver of inadmissibility by completing Form I-601, Application for Waiver of Grounds of Inadmissibility. The waiver application form is long and consists of heavy jargon. In addition, not all individuals are eligible to apply for a waiver. The immigration attorneys at Khan Nayyar & Associates, LLC can determine whether or not you are eligible for a waiver of inadmissibility and can help you apply for a waiver.

What Causes Inadmissibility?

There are several reasons an immigrant may be inadmissible to the United States. Conditions and violations relating to health, crimes, national security, fraud, or unlawful presence in the U.S. are all reasons that an individual may be deemed inadmissible to the U.S.

The following health conditions may cause an individual to be ineligible for admission to the United States:

  • The individual carries a certain disease that is a threat to public health (e.g. active tuberculosis).
  • The individual has a physical or mental illness that is associated with behavior that threatens property or another person.
  • The individual is a substance abuser or is addicted to drugs.
  • The individual did not receive required vaccinations.

Some criminal reasons that can cause an individual to be inadmissible to the U.S. include:

  • Convictions for two or more crimes if the individual was sentenced to five or more years in prison.
  • An individual who intends to solicit prostitution, transport sex workers, or manage a prostitution business.
  • Asking for immunity from prosecution for the commission of a serious crime that was committed in the U.S.
  • If the individual is a foreign government official who, at the time of serving, violated the religious freedom of another person or group.
  • If the individual committed a crime relating to money laundering or intends to engage in money laundering in the U.S.

Immigration-related violations can also cause you to be inadmissible to the United States. Some of the violations include:

  • Committing fraud to be admitted into the United States. Any individual who uses a fraudulent visa or other document is considered to have committed fraud.
  • If an individual is in the U.S., unlawfully, for more than 180 days but less than 365 days and then leaves the country, he or she is not permitted to return to the United States for three years.
  • If an individual is in the U.S., unlawfully, for more than 365 days and then leaves the country, he or she is not permitted to return to the United States for 10 years.
  • Individuals who were in the U.S. for a total of one year and then illegally reentered the U.S. are inadmissible for life (some exceptions may apply).

Waiver of Grounds of Inadmissibility Application

Individuals who are inadmissible to the U.S. based on some of the grounds outlined above can seek a waiver of those grounds by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility to U.S. Citizenship and Immigration Services. Individuals can apply for a waiver when applying for adjustment of status or during deportation proceedings. Individuals outside of the U.S. may also apply for a waiver when seeking to file for a visa.

An applicant can apply for a waiver if he or she has a qualifying relative. If the applicant is the child, parent, or spouse of a U.S. citizen or green card holder, he or she may be eligible for a waiver of inadmissibility. An applicant may also be eligible for a waiver if he or she is deserving of it. This means that United States Citizenship and Immigration Services (USCIS) will evaluate the severity of the ground of inadmissibility in addition to other circumstances regarding the applicant when deciding whether or not to grant the applicant with a waiver of inadmissibility.

If the applicant is outside the United States, the U.S. embassy will send the application to USCIS. USCIS may take 3-12 months to review the waiver of inadmissibility. If USCIS administers the waiver, the embassy can grant the visa. However, if the application is rejected, an appeal can be made via the Administrative Appeals Office (AAO).

The process for deportees may be slightly different. Foreign nationals who are inadmissible to the U.S. after being deported can reapply for admission to the U.S., but must first obtain the consent of United States to reapply for admission. Individuals can request consent by completing Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

Skilled Immigration Lawyers Serving Will County, IL

The immigration attorneys at Khan Nayyar & Associates, LLC understand the complex process of applying for a waiver of inadmissibility. Our law firm will guide you throughout the process and examine every possible factor we can use to strengthen your waiver of inadmissibility application. Schedule a consultation with our firm by calling 630-LAWYERS or contact us online. We serve Naperville, Elmhurst, DuPage County, and throughout Illinois.

American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Winnebago County Bar Association
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