Waiver of Inadmissibility

How to Apply

A request for a Non-Immigrant waiver is made at the U.S. Consulate or embassy where a visa is requested. If the consulate approves the application, it forwards its recommendation to the Department of Homeland Security, which has the final say on these applications. If the consulate denies the application, the applicant may request the Department of State to review the application. If it denies the application, the case is closed. If it recommends approval, it forwards the application to DHS for its final determination.

Before applying for a waiver, it is imperative to understand the reason for a finding of inadmissibility and whether or not the finding is correct. If it is erroneous, then the finding should be challenged by requesting reconsideration and presenting additional evidence. If the finding is correct, then the factors for waiver outlined above must be reviewed to prepare the best argument for rehabilitation and approval of the waiver.

At Robinson Kirlew & Associates, we can assist you in representing your interests in your request for a Non-Immigrant waiver of inadmissibility. Please feel free to contact us at info@rkalawfirm.com so that we may be able to assess your case.

Reasons to Apply

An applicant for admission to the United States may be deemed inadmissible for a variety of reasons. The most common reasons for a determination of inadmissibility requiring a waiver is:

  1. Prior history of criminal activities;
  2. Fraud in applying for or obtaining a US visa;
  3. Unlawful presence in the US longer than 6 months, subjecting applicants to a mandatory 3 to 10 year bar from entering the US.

An applicant who has been determined to be inadmissible may be eligible to file a waiver of inadmissibility. Each application is unique and requires individualized analysis of the facts, to determine eligibility for a waiver and the likelihood that a waiver application will be successful. The factors to be considered include:

  • The recency and seriousness of the activity or condition causing the alien’s inadmissibility;
  • The reasons for the proposed travel to the United States; and
  • The positive or negative effect, if any, of the planned travel on U.S. public interests.
Robinson Kirlew & Associates can help you navigate the process. Contact us at info@robinsonkirlew.com.