Waivers for Immigration

For an immigrant, coming or staying in the U.S. can be challenging. The immigration laws are strict. Many immigrants struggle to legally enter or remain in the country. Fortunately, there are ways to make immigrating to the U.S. easier or avoiding deportation possible. There are waivers for immigration that pardon individuals for certain circumstances.

What Prevents Immigrants from Entry

If you plan on immigrating to the U.S., you need to meet the requirements. The U.S. has several grounds for inadmissibility. If you are designated as inadmissible, you will not be able to enter the country. This is regardless of the duration of your trip. Even a short-term business trip could be out of the question.

Here are a few of the reasons the government could deny you entry to the US:

1. Health-Related Grounds

The U.S. Government does not want certain diseases to be spread to the country. Therefore, there are several health-related grounds for inadmissibility. They include communicable disease, a failure to have immunizations, drug addictions, and dangerous disorders. It is possible that your health could keep you from becoming an immigrant.

2. Criminal Grounds

There are strict regulations and laws prohibiting individuals with certain criminal histories from coming to the U.S. For instance, crimes of moral turpitude could preclude you from immigrating. Certain drug-related offenses can do the same.

Other criminal grounds that can bar you from entering the U.S. include the following:

  • Prostitution
  • Multiple criminal convictions with a total of five years or more of jail time
  • Laundering money
  • Sex trafficking
  • Trafficking drugs

3. Fraud or Misrepresenting Yourself

If you lie on your visa application, the consequences could be serious. Falsifying information on your visa is enough of a reason for the government to deny you from entry.

Therefore, you should be completely honest on your application. If you fear that your honesty will prevent you from having a successful application, you should work with a lawyer.

4. Unlawful Presence

Coming to the U.S. illegally could be a recipe for disaster. Whether you come as a stowaway, lie about having U.S. citizenship, or abuse your student visa, you could face deportation. You could also lose any chance of legal immigration to the U.S. in the future.

Fortunately, a waiver can change the situation. With the right waiver, you may be able to overcome your inadmissible status.

What are Waivers for Immigration?

In the U.S., immigrants are held to a certain standard. People from other countries don’t only need to comply with state and federal laws; they also must comply with immigration laws. If they violate a law, then the government could refuse entry to the country or deport them.

For instance, a green card holder could face charges for marijuana possession. A court could find them guilty and sentence them accordingly. However, there could be an even more serious consequence. Because immigration laws prohibit crimes that involve controlled substances, the individual could be deported.

If the individual applies for a waiver, they may be able to avoid deportation. There is one waiver that forgives individuals who commit one offense that involves 30 grams or less of marijuana. This type of waiver is automatic.

The similar is true of prior offenses. If you want a visa for the U.S., you could be ineligible for it due to your criminal charges. But a waiver could make all the difference. You may be able to find a waiver that fits your situation. In some cases, the waivers are automatic. Other waivers require applications.

Waivers Requiring Applications

If your situation doesn’t warrant an automatic waiver, you need to fill out an application. You need to make sure that your situation meets the requirements for the waiver. Additionally, you also need to show that you deserve the waiver.

In most cases, this means showing some type of hardship to the applicant’s family members. The applicant must show that deportation would hurt family members who are U.S. citizens or permanent residents.

Waivers for Entering the Country

In some cases, a waiver can help you come to the U.S. If you are applying for a visa, you need to meet all the requirements. Choosing the right waiver could allow you to achieve residency even if you fail to meet the immigration requirements.

Types of Waivers

There are several types of immigration waivers. Some waivers allow for easier immigration, while others prevent deportation.  For instance, there are waivers for all of the following:

  • Fraud or misrepresentation
  • Criminal convictions
  • Unlawful presence
  • Improper entry to the US
  • Immigrant and non-immigrant visas

It’s important to choose the right waiver for your situation. If you are in the country illegally, you might need the Provisional Unlawful Presence Waiver. But this waiver is only available to the immediate family of U.S. citizens. If you are inadmissible to the country, you may be able to file an I-601. Once again, this waiver isn’t for everyone.

Unfortunately, there isn’t a waiver for every immigration violation. For example, there is no waiver for someone who makes a false claim for asylum. There are also no waivers for claiming citizenship.

By working with an immigration attorney, you can learn whether or not there is a waiver for your circumstances. They can also help you handle the timing of your waiver. Sometimes, you can only file a waiver after you are determined to be inadmissible. At other times, you need to apply with your adjustment of status paperwork. You need to get the timing right, or you risk losing your chance at a better outcome.

Choosing the Right Waiver
All immigration issues can be complex. However, immigration waivers are particularly hard to understand. Unless you have extensive knowledge of immigration law, you might not be able to find the right waiver for your needs. Working with an immigration attorney can change that. With the help of the Florida Immigration Law Counsel, you can get the correct waiver and you might overcome your immigration challenges. Contact us today to get started.


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Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!