Application for Waiver of Inadmissibility

Whether you require a Waiver of Inadmissibility based on your past law enforcement history, drug abuse, misrepresentation, or medical history, among other factors, Barella Global and our London and Brussels based U.S. waiver lawyer will enthusiastically advocate on your behalf before U.S. immigration authorities.
 
Unfortunately, past mistakes, even those made during one’s adolescence, can significantly impact one's ability to travel to the United States. Certain law enforcement issues which may appear trivial or that may have incurred minimal penalties in one’s home country could render the individual inadmissible and permanently barred from entering the United States. In these cases, one would require an approved Waiver of Inadmissibility to travel to the U.S.

What actions or circumstances render one inadmissible?

Several factors can make a visa applicant ineligible for entry into the United States. Common reasons for inadmissibility often include past criminal history, violations involving controlled substances, previous immigration infractions, and disqualifications on medical grounds. Additional bases for inadmissibility can encompass national security concerns, being deemed a public charge, or involvement in prostitution, among other factors.

Inadmissible Based on Crimes Involving Moral Turpitude (CIMT)

Generally, a visa applicant who is convicted of, or admits to having committed, a Crime Involving Moral Turpitude (CIMT) is considered inadmissible for travel to the United States. Such individuals would need an approved waiver of inadmissibility to gain entry. Determining what qualifies as a CIMT can sometimes be complex, but some offenses are consistently classified as CIMTs under U.S. immigration law.

Consider the following example: Arjun, an Indian citizen, visits his cousins in London during the summer holiday. One afternoon, he realizes he forgot his wallet while shopping for a sweater. Frustrated that it's the last one available in his size, he decides to wear it out of the store without paying. He is caught by security and later arrested and convicted for shoplifting. He now wishes to visit other family in the United States but is concerned how his conviction will impact his ability to travel. Arjun's worry about his ability to visit relatives in the U.S. is well-founded; his shoplifting conviction renders him inadmissible under U.S. immigration law for committing a CIMT.

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Inadmissible Based on Controlled Substance Violations

Any individual with a prior conviction for, or who admits to having violated, any law related to controlled substances, is inadmissible for entry into the United States.

It's crucial to understand that U.S. immigration operates under federal law, and therefore, the legality of a substance at the state (or foreign country) level is irrelevant. For instance, if a visa applicant consumed cannabis while vacationing in Colorado, even though it's legal there, they could still be deemed inadmissible for a controlled substance violation due to cannabis being classified as a controlled substance under federal law. Similarly, caution should be exercised surrounding visa applicants who have business interests in the cannabis industry or other industries where  the substances are classified as controlled at the federal level.

Consider the following scenario to illustrate the concept of inadmissibility. Gemma, a UK citizen, recently secured employment with a U.S. company in Virginia under an E-2 visa. During her visa interview, it comes to light that she received a UK Police Caution for marijuana possession back in 2010. As a result, the Consular Officer denies her application, finding her ineligible for entry into the U.S. for a controlled substance violation. Now, Gemma must secure a waiver of inadmissibility before she can travel to the United States under any immigration status.

While a UK Police Caution might be treated as a simple warning in Britain, U.S. immigration authorities regard Cautions issued after July 2008 as equivalent to criminal convictions under U.S. immigration laws.

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Inadmissible for Misrepresentation and Fraud

Any individual who has intentionally committed fraud or willfully misrepresented significant information to obtain a visa, gain entry to the U.S., or secure any other immigration advantage, is not eligible for entry into the United States.

Consider this example: Emina, originally from Albania but now an Italian citizen, had twice been denied a U.S. tourist visa while using her Albanian passport. Seven years later, after becoming an Italian citizen and changing her last name due to marriage, Emina plans to travel to the U.S. for a temporary work assignment. She starts filling out the online visa application form. Even though one of the questions asks her to disclose any previous U.S. visa denials, Emina assumes U.S. immigration officials won't connect her past rejections to her current application since she's now using an Italian passport with a different surname. However, when her fingerprints are taken during the visa interview, the system flags her prior refusals. The consular officer then denies her current application, declaring her inadmissible for willful misrepresentation.

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Inadmissible for Immigration Violations

There are several types of immigration violations which can make an individual inadmissible for entry or re-entry into the United States. These commonly include overstaying one's period of unauthorized stay or entering the U.S. without proper inspection, among others.
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For example, consider Pierre, a French national who entered the U.S. under the Visa Waiver Program (VWP), which allows for visa-free travel. Pierre stays beyond the 90-day period permitted under ESTA, overstaying for over a year before returning to France. In doing so, he becomes inadmissible for future travel to the U.S. for ten years from the date of his exit.

What is Medical Inadmissibility?

In addition to inadmissibility due to criminal convictions and violations related to controlled substances, individuals can also be deemed inadmissible for medical reasons. This usually pertains to communicable diseases like tuberculosis and specific sexually transmitted diseases (STDs). Importantly, being HIV positive does not render one inadmissible for entry into the United States.
 
Mental health conditions that pose a risk of self-harm or danger to the public may also impact admissibility. However, substance abuse issues are more commonly a factor. Consider the following example:
 
Bertrand, a Belgian citizen, was convicted of Driving While Intoxicated (DWI) two years ago. He's been offered a job in New York by a U.S. employer and is preparing for his upcoming nonimmigrant visa interview. After reading online articles that suggest a DWI is not a Crime Involving Moral Turpitude (CIMT), he feels optimistic about his chances of not being deemed criminally inadmissible.

During the application process, Bertrand correctly discloses his DWI on the DS-160 form, as mandated by U.S. immigration law. However, the Consular Officer reviewing his application issues a refusal under Section 221(g) and places him in Administrative Processing pending a consultation with an Embassy-approved physician. After an in-depth medical exam, the physician concludes that Bertrand has a substance abuse issue. Consequently, the Consular Officer determines that Bertrand is medically inadmissible for entry into the United States.

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Overcoming Inadmissibility

Typically, if a U.S. immigration official determines you to be inadmissible, your only recourse is to apply for a Waiver of Inadmissibility—provided such a waiver is available and you meet the qualifications.

However, depending on specific circumstances, an applicant may be eligible for an exception, eliminating the need for a waiver. Two such common exceptions are the Sentencing Exception (also known as the Petty Offense Exception) and the Juvenile Offenders Exception. To determine your eligibility for an exception, it's crucial to consult with a licensed U.S. immigration attorney.
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The type of waiver you may need varies based on whether you're applying for a nonimmigrant or an immigrant visa, as the eligibility criteria, requirements, and processing differ. For instance, the criteria for an immigrant visa waiver, commonly referred to as the I-601 Waiver, are more stringent. Typically, the applicant must demonstrate that a qualifying U.S. citizen relative would face extreme hardship if the waiver was not approved.

If you have any legal history or suspect you've committed an offense, it's wise to arrange a confidential consultation with a qualified U.S. admissibility lawyer. This step is essential, as even actions not leading to a conviction can render you inadmissible to the United States.

How Long Does a Waiver Application Take?

Processing times for waivers can differ significantly based on whether you're applying for a nonimmigrant (212(a)) or immigrant (I-601) waiver. For nonimmigrant visa waiver applications, the timing hinges on the availability of appointments at the consular post, as well as the adjudication process conducted by the Admissibility Review Office (ARO) within the Department of Homeland Security (DHS), which is responsible for evaluating nonimmigrant waivers. A nonimmigrant waiver application can take anywhere from five to nine months to complete.
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In contrast, the I-601 immigrant waiver application usually takes much longer, with processing times often exceeding one year. These applications are adjudicated by the United States Citizenship and Immigration Services (USCIS) within the U.S.

​If you believe you may be inadmissible and need a waiver to enter the U.S., it's advisable to consult an immigration attorney as soon as possible to minimize delays.

The Barella Global Advantage

What distinguishes Barella Global from other U.S. immigration law firms is our international presence. With offices in London, Brussels, and a presence in Paris, we've successfully assisted numerous foreign nationals—including multinational executives—in realizing their dreams of temporarily working, visiting, or immigrating to the United States by obtaining an approved Waiver of Inadmissibility from U.S. immigration authorities.

Our team possesses extensive experience in representing clients at the various consular posts throughout the UK and Europe on waiver-related issues. Well-equipped to tackle even the most complex cases, we have successfully secured waivers for applicants with extensive law enforcement histories.
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If you wish to learn more about U.S. immigration inadmissibility or if you've been denied a visa and declared inadmissible, contact Barella Global today for a confidential consultation to discuss of your circumstances.

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"Don't wait to be refused a visa or refused entry into the United States. Contact our office to discuss your possible inadmissibility.  Barella Global enthusiastically advocates on behalf of our Clients—even the most impossible of cases. "

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