US Visa Applications and Criminal Waiver of Inadmissibility
If you have been told you are inadmissible to enter or remain in the US then it may not be the end of the road to secure a US Visa or to stay in the US. You may be able to secure a criminal waiver of inadmissibility so you can overcome your immigration difficulties.
In this article, our US Immigration Solicitors look at how criminal waiver of inadmissibility works.
UK Online and London-Based US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Are you an inadmissible alien?
There are many reasons why the US government may deem you an inadmissible alien. For example, a record of criminal offending, poor immigration history or a concern that you are a health risk.
If you are worried that putting in an application for a US Visa will result in refusal your best option is to speak to specialist US Visa Solicitors about whether you are likely to be deemed inadmissible and, if so, if you would meet the waiver criteria. If you are likely to secure a waiver your US Immigration Lawyers can help you with the waiver application paperwork, the evidence you need in support and putting a compelling argument in place.
What does a waiver of inadmissibility do?
A criminal waiver of inadmissibility asks the US government to allow you into the US or to allow you to stay. If you would otherwise be inadmissible you won't get to enter the US or stay there without the waiver application so it is worthwhile taking specialist immigration legal advice on the process and the form filling.
Our US Visa Lawyers can explain the waiver paperwork, such as Forms I-601 and I-601A, and the evidence you will need to supply us with to support your waiver application.
Do you need a criminal conviction to be deemed inadmissible?
You don’t need to have been convicted in a court of law to obtain inadmissible alien status and to need a US waiver. The rules refer to conviction but you are also caught by the inadmissible alien rules if you admit to having committed a relevant offense or admit to having committed acts that amount to one of the prescribed crimes. One word of warning, if you lie on the immigration form you also commit an offence.
What criminal offenses can be waived for US entry?
US immigration law sets out what criminal offenses make you an inadmissible alien and which ones are capable of waiver and when.
The list of convictions that make you inadmissible for US entry is contained in Section 212 of the Immigration and Nationality Act. In summary, your offense needs to have involved either moral turpitude, drug abuse/ substance or human trafficking, commercialised vice or prostitution, or money laundering.
That list of offences may not appear very long but a crime involving ‘moral turpitude’ is wide-ranging covering offences of dishonesty (fraud, theft, receiving stolen goods, etc) offences against authority (such as tax evasion) offences against the person (for example, assault or indecency offences). The list of moral turpitude is long and detailed.
Our Immigration Solicitors recommend that you ask the question about waiver whatever the reasons behind your US inadmissibility so we can check out the position for you and let you know your options.
Some crimes just won't get a waiver, such as a murder conviction or some felony convictions. If you are applying for a US Visa or Green Card you may not know how seriously the US authorities treat your conviction and with expert immigration legal advice may find that a waiver application is possible.
Who qualifies for a waiver?
Whether you will qualify for a waiver depends on the nature of your conviction, your sentence and the length of time since your conviction and sentence. You may also need to show rehabilitation or evidence of extreme hardship to a US citizen if you are denied entry to the US. For example, if you were denied entry and could not resume married life with your US spouse or parent your US nationality children.
Waivers are not automatic so it is worth taking the time to ensure that your US Immigration Solicitor has all the information and evidence they need to help you secure your waiver.
How London-based OTS Solicitors can help you with your US immigration law needs
The Immigration Lawyers at OTS Solicitors are immigration law experts specialising in US visas. We have the experience to assist you with your US visa application or waiver application whether you are based in the UK or anywhere across the globe with all your US immigration needs.
UK Online and London-Based Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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