1 Bank Street, Suite 206, Stamford, CT 06901
Se Habla Español
Gonzalez Law Office, LLC

Call Today for a Consultation

Call Us203-323-1440

Subscribe to this list via RSS Blog posts tagged in waivers of inadmissibility

How Does a Visitor Visa Overstay Affect Future Immigration?Most U.S. immigrants have family members who come to the U.S. on temporary visas for vacation or to attend school. However, if those family members overstay their required departure date, they could find themselves in trouble with the U.S. Department of Homeland Security. Some visa overstays can render a person legally inadmissible to the U.S. for several years and unable to qualify for an immigration visa, although a waiver of inadmissibility may be possible in some cases. 

How Do I Know If I Overstayed a Visitor or Student Visa?

If you arrive in the U.S. by airplane or ship, a U.S. Customs and Border Protection (CBP) official will stamp your passport with your admission date and required departure date, shown as the “admitted until” date. If you arrive by land, Customs will issue you a paper Form I-94/Arrival/Departure Record showing your required departure date. You can also look up your arrival/departure information online by your passport number, name, and birthdate.

Students with F1 visas will see “D/S” — duration of status — on their passport or I-94 form instead of a date. This means you can stay in the U.S. as long as you remain enrolled as a full-time student in an approved school that has submitted the required documents to Customs. When you graduate or otherwise complete your program of study, you must depart the U.S. within 60 days.

...

New Canaan waiver of inadmissibility attorneyIf your application for a U.S. immigration visa has been denied because you have a criminal record, you should consider speaking to an attorney about the possibility of getting a waiver of inadmissibility.

Types of Crimes Eligible for a Waiver of Inadmissibility

U.S. Citizenship and Immigration Services (USCIS) will not grant a waiver of inadmissibility to people who have committed very serious crimes, such as human trafficking, terrorist activities, or most drug crimes. However, a waiver may be possible if your criminal record involves:

  • Crimes such as theft, prostitution, or certain immigration law violations.
  • A single conviction for possession of 30 grams or less of marijuana.

In some cases, USCIS may decide that your original visa application was misjudged and that you actually are admissible. Therefore, you do not need a waiver after all. You should actually be deemed admissible if:

...

Fairfield County immigration waiver of inadmissibility attorneyIf you have been declared inadmissible to the U.S. for certain reasons, you may be eligible for a waiver of inadmissibility. In order to qualify for a waiver, you will need to fulfill specific requirements, one of which may be hardship.

The USCIS Definition of Hardship

To fulfill the hardship requirement, you must prove that a specific member of your immediate family--a “qualifying relative”--would suffer hardship if you are denied admission to the United States. 

A qualifying relative (QR) must be either a U.S. citizen or lawful permanent resident who is a member of your immediate family. For some types of waivers, the relative must be a spouse or parent. For other types of waivers, the qualifying relative may be a spouse, parent, son, or daughter.

...

Westchester County NY immigration visa denial attorneyMany people seeking entry to the United States have something in their background, such as a criminal conviction, which could cause U.S. immigration authorities to declare them “inadmissible,” which means their immigration visa will be denied. If this happens to you, the only way to get your immigration visa approved is to obtain a waiver of inadmissibility

Visa Applicants Must Be Honest About Their Criminal Record

When you apply for an immigration visa, you will be asked if you have ever been arrested or convicted of a crime, and you will be required to provide details. Even if your record was later expunged (cleared), you must still admit to any past crimes.

Not every crime will make you inadmissible, and even if you are initially declared inadmissible, you can appeal that decision.

...
Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
Back to Top