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Immigrants can be ruled “inadmissible” to the United States on various grounds, including criminal convictions and the accumulation of unlawful presence. When an individual is inadmissible, they cannot procure immigration benefits they would otherwise qualify for, including green cards. Waivers can allow applicants to “overcome” grounds of inadmissibility.
When you hire DLA Immigration Services, our Orlando waivers of inadmissibility lawyer will evaluate your unique circumstances and determine whether you are eligible for relief. We have over 25 years of legal experience and will leave no stone unturned when exploring strategies for overcoming inadmissibility. Our firm’s team will always be transparent and forthright about the options available to you and will give your case the personal, empathetic attention it deserves.
ExperiencedWe have over 25 years of experience fighting for cases just like yours.
EmpatheticAttorney Lugo-Auffant is very familiar with the immigrant experience and understands the challenges of coming to a new country.
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Not all grounds of inadmissibility can be overcome through waivers. Nazis, terrorists, and spies are all considered inadmissible and are not eligible for any type of waiver. Convicted drug traffickers and individuals with a history of drug addiction are also generally inadmissible and do not qualify for waivers.
Our Orlando waivers of inadmissibility attorney can explore whether you may be eligible for a waiver if you are inadmissible on any of the following grounds:
- Public Charge. An immigrant can be ruled inadmissible if United States Citizenship and Immigration Services (USCIS) believes they are likely to become a “public charge,” or someone who depends on need-based government benefits. Asylees, refugees, and immigrants from certain countries can be exempted from public charge-related financial requirements.
- Accumulation of Unlawful Presence. Several waivers are available to noncitizens ruled inadmissible on the grounds of unlawful presence. A noncitizen accrues unlawful presence when they are within the borders of the United States without a valid visa or status. Most unlawful presence waivers require proving a U.S. citizen or lawful permanent resident family member will experience “extreme hardship” if the inadmissible party is removed or not allowed to return. USCIS will also consider aggravating and mitigating factors when deciding whether to issue a waiver.
- Immigration Misrepresentation. Applicants who obtain or attempt to obtain immigration benefits through fraud or misrepresentation will almost always be ruled inadmissible. To obtain a waiver in these cases, the inadmissible party must demonstrate a U.S. citizen or lawful permanent resident family member will suffer extreme hardship if they cannot return to or remain in the United States.
- Communicable Diseases. Certain types of communicable diseases are considered a risk to public health and can lead to rulings of inadmissibility. Immigrants can overcome inadmissibility on this ground by agreeing to see a healthcare professional immediately upon entering the United States and make arrangements to treat the condition.
- Potentially Dangerous Physical or Mental Disorders. USCIS can rule an immigrant inadmissible if they have a known health condition that makes them potentially dangerous to themselves or others. Waivers can be issued in these cases if the immigrant agrees to meet with a healthcare professional immediately upon entering the country. They will also need to typically establish a plan for long-term treatment.
- Lack of Required Vaccinations. Immigrants must generally be vaccinated against a variety of diseases in order to access benefits. An individual can overcome this ground of inadmissibility by getting the necessary vaccinations and providing the associated documentation. Waivers are available to immigrants with moral or religious objections to the required vaccines. Applicants can also potentially obtain a waiver from a USCIS-approved healthcare professional that confirms they cannot receive the required vaccinations for medical reasons.
- Criminal Convictions. Waivers are not available for cases involving violent crimes, drug crimes, and aggravated felonies. Immigrants that have been convicted of other types of crimes can potentially obtain waivers if they can demonstrate a qualifying U.S. citizen or lawful permanent resident family member would suffer extreme hardship if they cannot travel to or remain in the United States. Immigrants can also potentially obtain waivers if the crime occurred more than 15 years ago.