Many people have applied for a family member to enter the United States thinking the process will go smoothly. After their loved one goes to the interview with the consulate, they are told that they are inadmissible from entering the US. Many times they will be given a time period of inadmissibility such as 10 years, 5 years or even a permanent bar from entering the US. Some of the reasons a person may be inadmissible from entering the US can be:
- Overstay a visa during a prior visit to the US
- Unlawful Entry into the US
- Certain Crimes
- Order of Removal from an Immigration Officer or Immigration Judge
In all of these cases a person can be told that they will not receive a visa, however you may still be able to assist your loved one. The law allows the Department of State to overlook certain activities or waive the inadmissibility and allow an individual to obtain a visa. Typically this requires the US citizen or permanent resident relative to demonstrate certain types of hardship if their loved one is not allowed to enter the US. The type of evidence varies from case to case and the relatives which can apply for a waiver may change depending on the law and the activity which made the individual inadmissible.
Waivers can be very complicated and seem overwhelming but are often a person’s only chance to enter the US as a permanent resident. Our office has much experience with waivers and helped many families unite even though past crimes or other actions make it seem unlikely. If you would like to discuss your particular case and determine a strategy for waiving certain grounds of inadmissibility, you may contact our office for a consultation an immigration attorney.
Some immediate relatives are eligible to apply for unlawful presence waivers BEFORE departing the USA for their consulate interviews.
Motions to Reopen
We provide sophisticated representation before DHS ICE for individuals with deportation orders.
Our services include: obtaining a copy of your immigration records, negotiating an Order of Supervision and employment authorization with ICE or assisting with a stay of removal while we seek to reopen your deportation if eligible.
Contact us to find out if you are eligible to reopen your immigration court to regulate your immigration status.
The information included on this page is general information as it relates to immigration services provided by the Cauley Forsythe Law Group, PLLC and does not constitute legal advice nor does it establish an attorney/client relationship. If you believe this information may assist you with your need for entry into the United States and would like legal guidance, you can contact Cauley Forsythe to learn specific information relating to this visa and how it may apply to your case.