Waiver of Inadmissibility |
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Whether you require a Waiver of Inadmissibility based on your past law enforcement history, drug abuse, or medical history, Barella Global will enthusiastically advocate on your behalf before US immigration officials.
Unfortunately, past mistakes, even those made during one’s adolescence can have serious consequences on their ability to travel to the United States. Some law enforcement issues which may seem innocent or may not have even been severely punished in one’s home country could render the individual inadmissible from entering the United States. |
What is inadmissibility? |
Take the following example to demonstrate inadmissibility. Gemma is a national of the UK and has recently been hired to work for a US employer in Virginia as an E2 employee. Gemma attends her visa appointment where it is revealed she received a UK Police Caution in 2010 for possession of Marijuana. Embassy officers refuse Gemma’s application and advise that she is inadmissible to travel to the United States. As such, Gemma can no longer travel to the US (under any immigration status) without first obtaining a waiver of inadmissibility.
Although a UK Police Caution is considered to be a warning in Britain, US immigration officials consider Cautions after 2008 to be equivalent to convictions. It is important to note that not all law enforcement incidents render one inadmissible. Only Crimes Involving Moral Turpitude, better known as CIMTs result in inadmissibility. Further, depending on one’s individual circumstances they may be eligible for an exception for needing to obtain a waiver. Common exceptions include the Petty Offense Exception and the Juvenile Offenders Exception. If you have any law enforcement history or believe you may have committed a crime, it’s best to arrange a confidential consultation with an experienced US immigration lawyer to discuss the possible consequences. Even crimes or actions which one committed but was not convicted for can render one inadmissible. |
What is medical inadmissibility? |
In addition to being found inadmissible for past law enforcement incidents, one can also be found inadmissible on medical grounds. Typically, medical inadmissibility refers to communicable diseases such as tuberculosis and certain sexually transmitted diseases (STDs). It is important to note that being HIV positive does NOT render one inadmissible from entering the United States.
In addition to communicable diseases, mental illnesses which contribute to self-harm or potential harm towards the public have the potential to keep one from entering the country. However, far more common are substance abuse issues which can have a significant impact. Take the below example. Bertrand is a national of Belgium. He was convicted for Driving While Intoxicated (DUI) two years ago. He is being sponsored by a US employer to work in New York and needs to attend his visa appointment next week. Bertrand has looked online and found articles stating that a DUI is not a Crime Involving Moral Turpitude (CIMT). He feels relieved that he will not be found criminally inadmissible. Nevertheless, the DUI is still disclosed during the visa application and Bertrand is refused pending an interview with the Embassy’s panel of physicians. The Embassy doctors interview Bertrand and after a series of questions determine he has a substance abuse problem. They then find him medically inadmissible to enter the US. |
What can I do if I’m found inadmissible? |
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The only remedy when inadmissible is to apply for a Waiver of Inadmissibility, if you qualify. There are two types of waivers one applies for depending on whether they are seeking a nonimmigrant visa or an immigrant visa.
Nonimmigrant visas are temporary visas that do not lead to permanent residency. Examples of nonimmigrant visas are the B1/B2 visa, L1 visa, and E2 visa, to name a few. An Immigrant visas is the visa applied for when one is being sponsored for permanent residency. This would be the case in family sponsorship or employer green card sponsorship. The threshold for obtaining a waiver based on an immigrant visa, also known as the I-601 Waiver, is much higher, as the applicant must prove there would significant hardship to a US citizen in order to be approved. |
How long does a waiver application take?
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From start to finish a nonimmigrant waiver takes anywhere from four to six months. If you believe you are inadmissible and require a waiver to enter the US it is recommended you contact an immigration lawyer to start the process as soon as possible in order to avoid delay.
The I-601 immigrant waiver takes significantly longer. Processing times for the immigrant waiver can be over one year. |
The Barella Global Advantage |
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What sets Barella Global apart from other US immigration law firms is our presence abroad. Our offices are located in London and Brussels.
The nonimmigrant waiver is the most common waiver application being processed – and the process begins at the applicant's local US Embassy or consular post. The Barella Global team has extensive experience representing clients throughout the various European consular posts in their waiver matters. Our team is equipped to handle even the most challenging issues and has successfully sourced waivers for applicants with multiple law enforcement encounters. To learn more about US immigration inadmissibility, or if you have been refused a visa and found inadmissible, contact Barella Global today to discuss your situation in confidence. |
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