Addressing Inadmissibility Cases in Marion & Polk Counties, and Throughout Oregon and the Pacific Northwest Since 2009
Waivers and pardons are crucial legal instruments for individuals facing inadmissibility issues that could obstruct obtaining visas or an Adjustment of Status. Waivers can address various grounds of inadmissibility, such as unlawful presence or certain criminal convictions. Pardons by state governors or the President can impact whether a criminal conviction is grounds for inadmissibility or deportation.
Navigating the legal process for seeking relief through waivers or pardons requires a deep understanding of immigration statutes and regulations. At Affordable Immigration, we recognize the challenges these hurdles present and are dedicated to offering compassionate and proficient legal guidance. Our commitment is to assist clients in overcoming these barriers with strategic and personalized support to give you the best chance of achieving your immigration goals.
Request a free case review with our Salem waivers and pardons attorney at Affordable Immigration by phone at (971) 308-5892. You can also reach us online. Hablamos español.
Inadmissibility Under U.S. Immigration Law
In U.S. immigration law, several grounds for inadmissibility exist that can prevent individuals from entering the U.S. or adjusting their status to lawful permanent residency.
Here are some of the key grounds:
Health-related grounds: This includes having a communicable disease of public health significance, lacking required vaccinations, or having a physical or mental disorder that threatens oneself or others.
Criminal and related grounds: Individuals with certain criminal convictions, such as crimes involving moral turpitude, drug offenses, or multiple criminal convictions, may be deemed inadmissible.
Security-related grounds: This includes involvement in terrorist activities, espionage, or membership in a totalitarian party.
Public charge: Individuals likely to become primarily dependent on the government for subsistence may be considered inadmissible.
Labor certification and qualifications: Those seeking employment-based visas without proper labor certification or qualifications may face inadmissibility.
Illegal entrants and immigration violators: This includes individuals who have entered the U.S. illegally, overstayed their visas, or misrepresented material facts to obtain an immigration benefit.
Documentation requirements: Failure to possess valid entry documents, such as a passport or visa, can result in inadmissibility.
Prior removals and unlawful presence: Individuals previously removed from the U.S. or those with significant periods of unlawful presence may be barred from reentry for a specified period.
Miscellaneous grounds: This includes polygamists, child abductors, and individuals who have engaged in human trafficking or money laundering.
Each ground of inadmissibility has specific criteria and exceptions; in some cases, waivers may be available to overcome these barriers. Consulting with our immigration attorney can provide guidance on addressing inadmissibility issues.
Waivers That Address Inadmissibility for Clients in Salem
Several waivers available under U.S. immigration law can address various grounds of inadmissibility.
These waivers allow individuals to overcome specific barriers and proceed with immigration applications.
I-601 Waiver (Application for Waiver of Grounds of Inadmissibility): This waiver is used to overcome inadmissibility due to health-related issues, certain criminal convictions, immigration fraud or misrepresentation, and unlawful presence. It often requires showing that denying the waiver would result in extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative.
I-601A (Provisional Unlawful Presence Waiver): Specifically for individuals who are inadmissible due to unlawful presence, this waiver allows them to apply for a waiver before leaving the U.S. for consular processing. It is designed to minimize the time families are separated during the immigration process.
I-212 Waiver (Permission to Reapply for Admission into the United States After Deportation or Removal): This waiver is for individuals who have been previously removed or deported and wish to reenter the U.S. It allows them to apply for permission to reapply for admission.
212(d)(3) (Nonimmigrant Waiver): This waiver allows nonimmigrants who are inadmissible for various reasons to enter the U.S. temporarily for specific purposes, such as tourism or business.
Waiver for Health-Related Grounds: Individuals inadmissible due to certain health conditions, such as communicable diseases, may apply for a waiver if they meet specific criteria, such as agreeing to medical treatment.
Criminal waivers: For specific criminal grounds of inadmissibility, waivers may be available if the applicant can demonstrate rehabilitation or if the crime occurred many years ago.
Fraud or misrepresentation waiver: Individuals who are inadmissible due to fraud or misrepresentation may apply for a waiver if they can show that refusal of admission would cause extreme hardship to a qualifying relative.
Each waiver has specific eligibility requirements and application procedures. It is advisable to consult with an immigration attorney to determine the best course of action and for guidance in correctly preparing your waiver application.
What is the Process for Obtaining a Waiver?
The process for obtaining a waiver involves several steps, including identifying the appropriate type of waiver, gathering sufficient evidence to demonstrate eligibility, and filing the required forms with the U.S. Citizenship and Immigration Services (USCIS).
This often includes proving extreme hardship to a qualifying U.S. citizen or permanent resident relative or showing rehabilitation and positive factors in cases involving criminal conduct. Legal advice is vital to navigating the process so that all submissions meet legal standards.
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How Pardons Can Help Your Immigration Case in Salem
Pardons can play a significant role in immigration cases for individuals facing inadmissibility or deportation due to criminal convictions.
Here’s how pardons can help:
Eliminating grounds of inadmissibility: A pardon can remove the legal consequences of a criminal conviction, potentially eliminating the grounds of inadmissibility associated with that conviction. This can allow individuals to apply for visas, green cards, or other immigration benefits they might otherwise be barred from obtaining.
Preventing deportation: A pardon can serve as a defense against deportation for individuals in removal proceedings. If the criminal conviction is the primary reason for deportation, a pardon may negate the basis for removal.
Restoring eligibility for immigration benefits: Certain benefits, such as naturalization, require good moral character. A pardon can help restore eligibility by removing the negative impact of a criminal conviction on the applicant’s moral character assessment.
Facilitating waiver applications: While a pardon does not automatically grant a waiver of inadmissibility, it can strengthen a waiver application by demonstrating rehabilitation and the absence of a criminal record.
Improving discretionary decisions: Immigration authorities often have discretion in granting benefits or relief. A pardon can positively influence these discretionary decisions by showing that the individual has been deemed rehabilitated by the state or federal government.
While pardons can alleviate the immigration consequences of a criminal conviction, they do not automatically resolve all issues. The impact of a pardon can vary depending on the specific circumstances of the case and the type of conviction.
How Do You Apply for a Pardon?
Applying for a pardon involves submitting a formal request to the appropriate authority, either the state board of pardons or the Office of the Pardon Attorney for federal convictions. This process usually requires a thorough application detailing the reasons for seeking a pardon, character references, and evidence of rehabilitation. Pardon applications can be meticulous and may take considerable time to process.
Distinction Between State & Federal Pardons
Governors grant state pardons for convictions under state laws, and the President grants federal pardons for federal offenses. The distinction between state and federal pardons impacts immigration cases because only federal pardons directly influence certain immigration consequences. However, a state pardon can still be a significant factor that immigration authorities consider when evaluating an individual’s case.
Why Is it Essential to Have a Lawyer for Waivers & Pardons?
Navigating the waiver and pardon processes can be complicated and challenging, with significant paperwork, legal arguments, and evidence required. Our experienced attorney can provide invaluable assistance through a meticulously prepared application, maximizing the chances of success.
At Affordable Immigration, we offer dedicated legal support, tailored advice, and skilled advocacy to help you address your immigration case with confidence.
Call (971) 308-5892 or reach us online to speak directly with our Salem waivers and pardons attorney about your case.
