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Irving Waivers of Inadmissibility Attorneys

Carrollton 212(h) and 212(i) waivers attorney

Dallas County Immigration Lawyers Helping Immigrants Address Inadmissibility

The immigration process can be complicated, and there are a number of stumbling blocks that a person may encounter as they seek to obtain authorization to come to the U.S. and receive lawful permanent resident status. In some cases, officials may determine that a person is inadmissible to the United States because they have violated immigration laws, been convicted of certain crimes, or failed to meet certain requirements, such as receiving required vaccinations or demonstrating that they will not be a public charge. However, it may be possible to overcome these issues by applying for waivers of inadmissibility.

When seeking a waiver of one or more grounds of inadmissibility, it is crucial to work with an experienced immigration lawyer. At John W. Lawit, LLC, we have been representing clients in immigration cases for over 40 years, and we have a strong understanding of the laws that apply in different situations. We know how to demonstrate that a person qualifies for a waiver of inadmissibility, and we can help immigrants file the proper forms and take the correct actions to receive authorization to enter the United States or obtain an adjustment of status.

212(h) Waivers

The U.S. Immigration and Nationality Act (INA) provides for multiple types of waivers of different grounds of inadmissibility. INA § 212(h) addresses what are known as "discretionary" waivers for those who are inadmissible based on previous criminal convictions. Generally, these waivers are available if the criminal activity that led to a conviction took place at least 15 years before a person applied for a visa or green card, and the person can show that they have been rehabilitated. Applicable crimes for which waivers may be available include:

  • Crimes involving moral turpitude - Offenses in this category may include any crimes that are considered to be depraved or that involve malicious intent. While waivers may not be granted for some of the more serious crimes that fall under this umbrella, such as murder or sexual assault, offenses involving fraud or theft may qualify if a person can demonstrate rehabilitation and show that they have exhibited good moral character in the years since they were convicted.
  • Prostitution - If a person came to the United States to engage in "commercialized vice" or other activities related to prostitution within 10 years before applying for a visa or green card, they may qualify for a waiver if they can show rehabilitation.
  • Drug possession - A person may qualify for a waiver if they were convicted of a single offense of possession of less than 30 grams of marijuana.
  • Other criminal convictions - Waivers may be available in cases where a person was convicted of multiple offenses with a combined sentence of at least five years. A person may also be able to receive a waiver if they committed a serious felony offense but later received immunity from prosecution and left the United States.

212(i) Waivers

A person will generally be considered inadmissible if they engaged in fraud or misrepresentation during the immigration process. This may include willfully providing false information or falsifying documents when applying for a visa or green card or seeking admission to the United States. In these cases, INA § 212(i) may allow a person to receive a waiver of inadmissibility if they can show that refusal of admission would cause extreme hardship to an immediate family member (a spouse, child, or parent) who is a U.S. citizen. These types of waivers may also be available to self-petitioners who apply for protections under the Violence Against Women Act (VAWA).

Other Types of Waivers

Waivers may also be available in cases involving:

  • Health issues - A person who is inadmissible based on vaccination requirements may be able to receive a waiver if they can provide proof that they have received the proper immunizations or documentation stating that vaccinations would be medically inappropriate or if they can demonstrate that receiving certain vaccinations would go against their religious beliefs or moral convictions.
  • Unlawful presence - A person who is currently present in the United States may apply for a provisional waiver to address inadmissibility because they have remained in the U.S. without authorization for at least six months.
  • Temporary Protected Status (TPS) - Immigrants from certain countries that have been designated as unsafe due to issues such as natural disasters or political unrest may receive waivers for any grounds of inadmissibility that may apply to them.

Contact Our Grand Prairie Immigration Waiver Lawyers

Our attorneys can help you understand whether you qualify for waivers of inadmissibility, and we will work with you to submit the proper applications along with supporting documentation demonstrating that you meet all applicable requirements. Get legal help with your case by contacting us at 214-609-2242. We assist with inadmissibility and other issues that affect immigration in Addison, Irving, Grand Prairie, Dallas County, Arlington, Grapevine, Coppell, Bedford, Euless, Farmers Branch, and Carrollton.

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