A person can be inadmissible to the U.S. for a wide range of reasons, from criminal convictions to health problems to immigration violations. In some of these cases, Palm Bay immigration defense waivers can be an option. These waivers are a form of legal forgiveness that allows you to apply for a visa or green card because a long time has passed, denial would cause hardship for a spouse or parent, or other reasons.
If you believe you might qualify for an immigration waiver, a knowledgeable deportation defense attorney could help you assess your options and apply for admission.
One of the most common reasons for inadmissibility is unlawful presence, which means that a person spent time in the U.S. without some type of legal immigration status. Generally, those who spent between 180 days and one year in the U.S. illegally are inadmissible for three years, and those who spent more than one year in the country are inadmissible for ten years.
However, those with a spouse or parent who is a U.S. citizen or permanent resident and would suffer extreme hardship if they were denied admission can apply for a waiver using Form I-601. Having a child who is a U.S. citizen does not qualify a person for this waiver. The applicant needs to file Form I-601 at the U.S. consulate in their home country, but in some cases, they can file the provisional version, Form I-601A, from within the U.S. only if it pertains to unlawful presence.
An I-601 waiver is broader in context and can be filed with other applications while an I-601A waiver is a standalone application. Nonetheless, these are very complex and require a high level of detailed preparation.
Committing many crimes will make a person inadmissible to the U.S., but some of these crimes qualify for a defense waiver. According to the Immigration and Nationality Act, waivers may be available for certain crimes. These include most crimes involving moral turpitude except for murder and torture, prostitution, and possessing 30 grams of marijuana or less. Waivers are not available for crimes like murder, human trafficking, and most drug-related crimes.
To apply for a waiver, the person must fall into one of two categories. First, more than 15 years should have passed since the crime. To use this justification, the person must show that they have been rehabilitated and are no longer likely to commit a crime.
The second category is that the person has a qualifying relative who is a U.S. citizen or permanent resident and would experience extreme hardship if the applicant was not allowed into the country. Qualifying relatives can include parents, spouses, and children. Extreme hardship is not clearly defined, so it would be up to the immigration defense waiver applicant and their Palm Bay lawyer to argue that this applies to their family’s situation.
Immigration cases are complicated even when everything goes smoothly. If you or a loved one is inadmissible to the U.S., the path to legal immigration becomes much more difficult. If you qualify, a Palm Bay immigration defense waiver can help.
A lawyer could review your situation, determine whether you could receive a waiver of inadmissibility, and guide you through the application process if you are eligible. Schedule a free case evaluation with Jag Law, PLLC, to start the process today.