Seek A Waiver Of Inadmissibility To Adjust Your Immigration Status

There are a number of reasons why an individual may become ineligible to enter the United States. From overstaying a visa to a prior removal, these reasons can result in an inadmissible status that can prevent an individual from adjusting their status or even applying for different forms of immigration documents.

The attorneys at The Tellez Law Firm, PLLC, work with immigrants and nonimmigrants from all walks of life, cultures and ethnic backgrounds in the Austin area and elsewhere in Texas with a wide range of immigration matters, including requests for temporary waivers of inadmissibility.

We understand what can be a stake when you are considered inadmissible to enter the U.S., which is why we help our clients seek waivers to ensure they can go about their business here in our country without fear of violating the law or the threat of deportation and removal proceedings later on.

Categories Of Inadmissibility In The United States

There are several general categories of inadmissibility under U.S. law:

  • Health
  • Lack of certification
  • Prior removals
  • Unlawful presence
  • Fraud and misrepresentation
  • National security
  • Public charge
  • Criminal activity
  • Other miscellaneous categories

Seeking A Waiver Of Inadmissibility

If your grounds for inadmissibility fall under any of the categories above, you will not be allowed to enter or remain in the U.S., nor will you be allowed to seek an adjustment of status, certain nonimmigrant statuses, an immigrant visa or certain immigration benefits unless you secure a temporary waiver of inadmissibility.

To secure this particular waiver, you must first file Form I-601 — not to be confused with Form I-601A that is specifically for individuals seeking a waiver for unlawful presence — and receive approval from the U.S. Citizenship and Immigration Services. If your waiver for inadmissibility is granted, it will be valid indefinitely unless there are certain conditions or limits specified to you.

There are exceptions to the rules. Certain exceptions have been written into law that do not require foreign nationals — including minors — who are victims of abuse, battery, extreme cruelty or human trafficking to obtain a waiver to overcome inadmissibility.

Waivers For Inadmissible T And U Nonimmigrants

If you are an applicant for T nonimmigrant status or U nonimmigrant status and are considered ineligible to enter or remain in the country due to inadmissibility, you will need to follow a different process for securing a waiver for inadmissibility.

Because of our firm's experience helping immigrants who fall under U nonimmigrant status, we can be of particular help filing Form I-192 with U.S. Citizenship and Immigration Services. We may also be able to assist you in securing a U visa and even a green card if you wish to make your life in the U.S. more permanent.

Criminal Charges And Inadmissibility

As stated above, criminal activity is one of many reasons why someone may be ineligible to enter or remain in the country. There are many criminal offenses that can render someone inadmissible and usually fall under the heading of crimes of moral turpitude. They can include, but are not limited to, fraud, forgery, bribery, money laundering, theft, prostitution, rape, aggravated battery, murder and manslaughter.

Get Immigration Help From Attorneys Who Understand Your Needs

At The Tellez Law Firm, PLLC, our goal is to keep your life running smoothly for as long as you would like to remain in this country, and we can do this by helping you obtain waivers, secure visas or green cards, or apply for an adjustment of status while you wait for other immigration documents to make their way through the legal process.

Put the skill and experience of lawyers to the test. Contact our Austin, Texas, office to schedule an initial consultation. Contact us online or call us at 512-774-6832 to get started.