Many clients find that they are inadmissible to the United States due to prior immigration violations or even criminal conduct. For clients with inadmissibility grounds who wish to visit the United States with a nonimmigrant visa including a visitor or work visa, we can file a nonimmigrant visa waiver which will waive the ground of inadmissibility and allow the client to enter the United States. Almost all inadmissibility grounds may be waived by the nonimmigrant visa waiver, however, a successful waiver application must be approved by a DHS officer in a discretionary decision. Proper formulation of a waiver application is essential in obtaining the waiver. The more serious the criminal or immigration violation is, the more difficult it is to obtain the waiver. Nonimmigrant waiver applicants do not need to have a compelling need to travel to the United States; their purpose in traveling could be for leisure or business.
On many occasions, through the expert use of the proper waiver applications, we have successfully brought clients back to the United States after they were deported. Applicants for lawful permanent residence may obtain waivers of certain criminal conduct, immigration fraud, unlawful presence, and other immigration violations by showing extreme hardship to their lawful permanent resident or US citizen spouses or parents. Criminal waivers applicants may also show extreme hardship to their children, however serious criminal convictions may make an applicant ineligible to apply for a waiver. Extreme hardship can be shown by long residency in the United States, strong family ties in the US, and medical issues that can't be properly treated in the client's home country. Waivers are a complex area of immigration law which should be handled by an experienced immigration attorney. Please contact Managing Partner Michael Wildes at Michael@wildeslaw.com with any waiver questions you may have.