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Inadmissibility Waiver Lawyers in DuPage County

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Immigration Attorneys for Waivers of Inadmissibility in Naperville and Elmhurst IL

Foreign nationals who were deemed inadmissible to the United States can apply for immigrant visa waivers or nonimmigrant visa waivers depending on the grounds or offense that made him or her inadmissible to the U.S. An immigrant visa waiver is for those who wish to remain permanently in the U.S. while a nonimmigrant visa waiver is for those who are temporarily visiting the U.S. (e.g. temporary work visa holders).

There are several conditions that make an individual inadmissible to the U.S. including whether the individual committed a crime, has an illness, is a security threat to the U.S., or violated immigration law. The immigration attorneys at Khan Nayyar & Associates, LLC will guide you in applying for a waiver of inadmissibility and will use every possible defense to strengthen your waiver application.

Immigration-Related Grounds of Inadmissibility

Category of Inadmissibility Immigrant Visa Waivers Nonimmigrant Visa Waivers
Individuals previously removed or deported from the U.S. No immigrant waiver is available. However, permission may be granted by the Department of Homeland Security (DHS) to reapply for admission to the U.S. To obtain consent, individuals must submit Form I-212, Application for Permission to Reapply for Admission. Waiver is available depending upon the individual's character, when the offense occurred, the nature of the violation, and the necessity of the individual's trip to the U.S.
Individuals illegally present in the U.S. DHS may administer the waiver if the individual is the son, daughter, or spouse of a U.S. citizen or green card holder. In addition, the waiver may be granted if the U.S. citizen or green card family member would face extreme hardship if the inadmissibility waiver application was rejected. A waiver may be granted depending upon the individual's character, when the offense occurred, the nature of the violation, and the necessity of the individual's trip to the U.S.
Individuals unlawfully present in the U.S. after prior violations of immigration law No waiver, but DHS may give consent to reapply for admission to the U.S. ten years after the applicant leaves the country. Waiver is available depending upon the nature of the offense, when the offense occurred, and the necessity of the foreign national's trip to the U.S.
Individuals who use fraudulent visas or entry documents for admission to the U.S. Waivers are available if the offender is the spouse, son, or daughter of a U.S. citizen or green card holder. However, for the waiver to be granted, the petitioner of the offender's visa must demonstrate that he or she would suffer extreme hardship if the waiver was not granted. A waiver is available. What will be considered when granting the waiver includes: the individual's character, when the offense occurred, the nature of the violation, and the necessity of the individual's trip to the U.S.


Crime-Related Grounds of Inadmissibility

Category of Inadmissibility Immigrant Waivers Nonimmigrant Waivers
Individuals convicted of drug-related crimes An immigrant waiver will be granted to the individual if it is determined that he or she is not deemed to be a threat to the security and welfare of the U.S. In addition, the individual must be rehabilitated and the crime must have taken place more than 15 years before the date of visa application. If the individual does not meet these conditions, but the individual is the parent, son, daughter, or spouse of a U.S. citizen or green card holder, DHS may grant the waiver if it is determined that denying the waiver would cause the U.S. citizen or green card holder to suffer extreme hardship. A waiver will be granted depending on some of the following conditions: the nature of the offense, when the crime took place, and how necessary the individual's intended trip to the U.S. is.
Individuals who have two or more criminal convictions Individuals convicted of moral turpitude crimes (crimes that are depraved or immoral in nature) can apply for an immigrant waiver if they are not deemed to be a threat to the U.S. In addition, an individual's crimes under this category must have taken place more than 15 years before the date of visa application, and the individual must be rehabilitated. If the individual does not meet these conditions, but the individual is the parent, son, daughter, or spouse of a U.S. citizen or green card holder, DHS may grant the waiver if believes that denying the waiver would cause the U.S. citizen or green card holder to suffer extreme hardship.

Individuals who committed torture, murder, or conspiracy to murder or torture are ineligible for immigrant waivers.
An individual can be granted a nonimmigrant waiver depending on several factors including when the crimes took place and how necessary the individual's intended trip to the U.S. is.
Individuals convicted of moral turpitude crimes (crimes that are depraved or immoral in nature)
Individuals can apply for an immigrant waiver if they are not deemed to be a threat to the welfare or security of the U.S. In addition, an individual's crimes under this category must have taken place more than 15 years before the date of visa application, and the individual must be rehabilitated. If the individual does not meet these conditions, but the individual is an immediate relative of a U.S. citizen or green card holder, DHS may grant the waiver if it is determined that denying the waiver would cause the U.S. citizen or green card holder to suffer extreme hardship. A self-petitioner under the Violence Against Women Act may also be granted a waiver even if he or she does not meet the above conditions.
Individuals convicted of crimes of moral turpitude may apply for nonimmigrant waivers. The United States Citizenship and Immigration Services will grant a nonimmigrant waiver depending upon several factors including the nature of the violation.
Individual convicted of drug trafficking Individuals convicted of drug trafficking are ineligible for immigrant waivers. United States Citizenship and Immigration Services will grant a nonimmigrant waiver depending upon several factors including the nature of the violation and whether or not the offender can be rehabilitated.

Dedicated Immigration Lawyers in Elmhurst

At Khan Nayyar & Associates, LLC we have a comprehensive understanding of the conditions that can cause you to become inadmissible to the U.S. If you are seeking to enter the U.S. but you are inadmissible, call 630-LAWYERS or contact us online. We serve Naperville, DuPage County, and across Illinois.

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