Waiver of Inadmissibility

Waiver of Inadmissibility

What is a waiver of inadmissibility?

Anyone who seeks to enter the United States or obtain residence must be admissible to the U.S. This means that the person seeking admission may not be among any of the classes of individuals deemed ineligible by law to enter the U.S. Ineligibility to be admitted to the U.S. is known as inadmissibility. U.S immigration law provides that certain classes of individuals may not be admitted without a waiver, or an exception. A waiver of inadmissibility is an official determination by the U.S. government to allow an otherwise ineligible person to enter the United States.

What are some common grounds of inadmissibility?

The most common grounds of inadmissibility that allow for and require waivers fall into three categories: criminal records, misrepresentations to the U.S. government in previous immigration applications, and prior immigration violations.

What crimes result in admissibility?

The most common grounds of criminal inadmissibility result from a conviction for a crime involving moral turpitude or a conviction for violating any law relating to a controlled substance. A crime involving moral turpitude is a generic term that may encompass many different offenses. In general, it relates to offenses involving violence, theft, fraud. and other forms of dishonesty. Before applying for any waiver, Benach Ragland attorneys conduct a thorough analysis to ensure that you are, in fact, inadmissible. It should come as no surprise to learn that U.S. immigration authorities often find offenses to be crimes involving moral turpitude when the law is clear that they are not.
In addition, any individual convicted of two or more offenses for which the aggregate sentence exceeds five years of imprisonment, regardless of whether the offenses involved moral turpitude, is likewise inadmissible.

Finally, it is important to note that an individual may also be inadmissible for admitting that he or she committed a crime involving moral turpitude or an offense relating to a controlled substance. In other words, a conviction is not required to establish inadmissibility if the immigrant admits having committed the offense to an immigration official. There are strict rules about when such an admission can cause inadmissibility and the government routinely fails or refuses to follow them.