Immigration Waiver Lawyer in
Manhattan, NY

• Accumulation of unlawful presence. When a nonimmigrant resides in the United States without a valid visa, they begin accruing what is called “unlawful presence.” Accumulate too much, and you become inadmissible. Waivers exist to facilitate legal immigration depending on the type of inadmissibility you are subject to.
• Criminal history. Having a substantial criminal record can render one inadmissible. This is especially true in cases involving violent crimes, crimes of “moral turpitude,” crimes involving controlled substances, or crimes involving commercialized vice. If you were granted immunity in a crime, one of the conditions may include inadmissibility. Even two summary convictions for more minor crimes can trigger inadmissibility. Waivers exist to help those with criminal histories overcome inadmissibility in certain situations.
• Immigration fraud. Any act of misrepresentation in an immigration matter can trigger inadmissibility, particularly in cases where documents or applications to submitted to United States Citizenship and Immigration Services (USCIS) were found to be fraudulent. However, there are means of overcoming inadmissibility on these grounds.
• Deportation history. If you have ever been removed from the country through deportation, you are automatically rendered inadmissible for a set amount of time. You can request for permission to reapply for a new visa despite these bans.
• Security concerns. If you are suspected by the U.S. government of being a spy, terrorist, affiliate of Nazism or other totalitarian organizations, or otherwise represent some threat to the country’s national security, you can be rendered inadmissible. This can also be true if you have any known ties or associations to any terrorist or totalitarian groups. In most circumstances, you will not be able to circumnavigate inadmissibility on the grounds of security.
• Public charge concerns. In the past several years, USCIS has increased the threshold required to prove an otherwise eligible immigrant is not likely to become a “public charge,” or someone who is more likely than not to become dependent on government benefit programs. Not only will an immigrant’s household income have to meet or exceed 125% of the federal poverty level, they must not use (or be expected to use) one of several benefit programs for more than 12 months in a 36 month period. Public charge inadmissibility can be tough to overcome generally, as it is part of a newer set of rules designed to curb immigration.
• Failure to appear at immigration hearings. If you receive a Notice to Appear or are otherwise summoned by an immigration court, you are obligated to appear at the scheduled hearing. It is critical that you appear at all immigration hearings.
• Health concerns. USCIS can sometimes rule those with dangerous contagious diseases or other conditions producing material negative effects may be inadmissible out of concern for the welfare of the country. The odds of overcoming these situations depends on the specific condition being cited and will often need to be evaluated on a case-by-case basis.

USCIS can also rule inadmissibility on other miscellaneous grounds. This can include abuse of student visas, child sex traffickers, and those who enter the country illegally, among others. If your reason for inadmissibility is not listed above, we can assess the circumstances of your case and advise whether a waiver of inadmissibility could help you.

It is important to reiterate that waivers of inadmissibility will not work for everyone. Our Manhattan immigration waivers attorney will always be realistic with you about productive legal options and will never suggest strategies that are not likely to produce positive results.

Call (212) 227-8020 or contact us online to learn more about how we can leverage waivers of inadmissibility to help you seek legal immigration solutions. We offer services in English, Spanish, Polish, and Portuguese.