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US Waiver for Illegal Entry

The Waiver of Grounds of Inadmissibility (or waiver of inadmissibility), allows individuals entry into the U.S. even if he or she is considered inadmissible due to criminal grounds, health-related grounds, or other differing activities.

What are the grounds of inadmissibility?

  • Health-related reasons
  • Criminal reasons
  • National security reasons
  • Likelihood of becoming a public charge
  • Fraud or misinterpretation
  • Prior removals/ unlawful presence
  • Lack of labor certification
  • Miscellaneous grounds

There is a specific application meant for a provisional unlawful presence waiver, which is a waiver designed for illegal entry.

Visa applicants who are immediate relatives (spouses, parents, or children) of U.S. citizens are able to apply for provisional unlawful presence waivers prior to leaving the U.S. In the case of noncitizens, they must travel abroad for an immigrant visa considering they are ineligible to adjust their status within the U.S. According to section 212 (A)(9)(B) of the Immigration and Nationality Act, individuals who have stayed over 180 days of unlawful presence must obtain a waiver of inadmissibility before they are able to lawfully return back to the U.S. In most cases, noncitizens must wait to apply for a waiver until after their immigrant visa interview has been conducted and a consular officer has examined whether or not they are admissible to the United States.

What is unlawful presence in the U.S.?

Unlawful presence is the period of time an individual stays within the United States without being admitted or paroled. An individual may be denied entry into the U.S. for the following time periods:

  • Three years, if you have stayed within the U.S. unlawfully for over 180 days before departing, but less than 360 days or one year of unlawful presence before the process of removal proceedings begins and during a single visit.
  • Ten years, if you have stayed within the U.S. unlawfully for over 360 days or one year in a single visit, regardless of leaving before, during, or after the process of removal proceedings.
  • Permanently, if you attempt to reenter the U.S. without being paroled or admitted after over a year of unlawful presence during one or more visits to the United States. 

The provisional unlawful presence waiver allows green card for those who are eligible for an immigrant visa statutorily. These visas include the employment-based, family-sponsored, immediate relatives, and diversity visa. These individuals only need a waiver of inadmissibility for unlawful presence to apply for any specific waiver within the U.S. prior to their immigrant visa interview abroad.

This new waiver process was designed to shorten the time that citizens of the U.S. and family members who are lawful permanent residents are away from their relatives while the relatives are in the process of becoming lawful permanent residents of the United States.

Kennedy Law LC has experience guiding clients through all stages of the immigration process. We understand that the immigration process can be quite complicated, this is why we advise you to seek legal guidance from our office today as we strive to help guide you with your specific case no matter how complex or complicated.

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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