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In Texas, there are a number of situations where one could be found inadmissible. One of the most common cases we see is that an individual enters the country either illegally or without a visa by crossing the border outside of a port of entry.
There are several factors that determine inadmissibility, meaning that you are not permitted to enter the country. While the most common causes of inadmissibility are illegal entry and overstaying visas, you could even be denied admissibility for things such as alcohol problems or health issues. Since there are many different causes for inadmissibility, there are a number of different waivers for the multitude of causes of inadmissibility.
When you are applying for a waiver of inadmissibility, you will have to work with your lawyer to pick the proper waivers that apply to your situation. Different waivers apply to different cases, and each waiver comes with its own requirement. For example, certain waivers are only available for qualifying relatives, spouses, or parents who are either residents or citizens.
However, waivers for unlawful presence are a bit different. Let’s say that you are married to a United States citizen, but you have entered the country illegally. You will be found inadmissible and unable to get a green card by interviewing at USCIS unless you have a waiver. By filing a provisional waiver with an I-601A form, you can wait in the country until your waiver is approved, and then you will be able to leave the country for two weeks and return with a green card.
A waiver is essentially a form asking for forgiveness and admissibility into the United States. While there are a number of reasons for inadmissibility, each unique case comes with its own requirements and conditions. In the case of fraud or a previous deportation, you may be able to file an I-212 waiver in an effort to handle your case outside of court. However, you could also use an I-601 waiver. It’s best to consult with your immigration lawyer to find out which waiver works best for you.
While not exactly a sponsorship, some waivers require qualified relatives. For example, if you are married and seeking an I-601A waiver, you will need a qualifying relative. This can either be a spouse or a parent. For instance, if your child, who is over 21, files a petition for you to get your green cards but your spouse is either not a citizen or you are not married, you may still be able to get your waiver approved.
If you can prove that a parent is a citizen and would suffer extreme hardship without you, you can get your waiver approved. This also applies to a spouse, as you would need to prove that your spouse is a United States citizen who would suffer extreme hardship if you were not allowed into the country. In short, there are no sponsors for waivers, but there are qualifying relatives.
Properly filing waivers for inadmissibility requires a great deal of legal analysis in order to determine the proper course of action for your situation. Finding out how the law applies to the particular facts of your case will greatly help you in navigating the waiver process.
Since the process is generally rather complicated, it would be wise to enlist a good immigration attorney who can make the right legal argument on your behalf.
Once, I had a case where we needed to file two waivers due to the individual’s unique situation. The person had not only been deported but also had lived in the U.S. for about six months prior to his deportation. For this reason, we needed to file an I-212 waiver to negate the effects of the deportation, as well as an I-601A waiver for unlawful presence.
Eventually, both waivers were approved. The man had been out of the country, living in Mexico for 10 years, having his wife visit him in Mexico every so often. During this time, the couple had several children together but were unable to stay together as a family. After the waivers were approved, the man was able to re-enter the country as a lawful permanent resident.
If you are struggling to Overcome Grounds Of Inadmissibility, an initial consultation with Attorney Andrew Driggs is your next best step. Get the information and legal answers you are seeking by calling (855) 620-5511 today.