A waiver is a legal document that allows an individual to be excused from meeting certain requirements or fulfilling certain obligations in the context of immigration. It is an option for those who have certain grounds of inadmissibility that would prevent them from entering the United States or obtaining certain immigration benefits.
Types of waivers:
- Waiver of inadmissibility for unlawful presence: Available for individuals who have accrued more than 180 days of unlawful presence in the United States and are seeking to reenter the country after leaving.
- Waiver of inadmissibility for criminal grounds: Available for individuals who have been convicted of certain criminal offenses and are seeking to enter or reenter the United States.
- Waiver of inadmissibility for health-related grounds: Available for individuals who have certain health conditions that make them inadmissible to the United States.
- Waiver of inadmissibility for fraud or misrepresentation: Available for individuals who have been found to have committed fraud or misrepresentation in connection with a previous immigration application.
- Waiver of inadmissibility for national security or foreign policy concerns: Available for individuals who have been found to pose a security threat to the United States or whose entry would be contrary to U.S. foreign policy.
It is important to note that not all inadmissibility grounds are waivable and obtaining a waiver is not guaranteed. Each case is evaluated on a case-by-case basis and the process can take a long time, usually months or even years. An immigration attorney can help you understand if you are eligible for a waiver and guide you through the process.
In summary, a waiver can be an option for those who have certain grounds of inadmissibility that would prevent them from entering the United States or obtaining certain immigration benefits. It’s important to consult with an experienced immigration attorney if you believe that you may be inadmissible to the United States, who can help you understand your options and guide you through the waiver process.