Waivers of Inadmissibility

When a foreign national is "inadmissible," the Department of Homeland Security will not let that person into the United States, or will start a proceeding to deport him if he is already inside the United States.  Common reasons that a foreign national is "inadmissible" to the United States fall into six major categories: (1) health-related, (2) criminal-related, (3) misrepresentation, (4) alien smuggling, (5) subject of a civil penalty, and (6) unlawful presence.  There are other categories, but they are rare.

The grounds of inadmissiblity are set out at 8 USC 1182.  Some grounds of inadmissibility are waivable, and some are not.  A waiver is an application made to US Citizenship and Immigration Services asking it to exercise statutority authority to waive, or agree not to apply, a penalty that is otherwise required by law.  Most foreign nationals who are in the United States and who intend to apply for a waiver make their application at the US Consulate at Ciudad Juarez, Mexico.  The applicant makes his waiver application to USCIS, which has an office at the Consulate.

The Consulate at Ciudad Juarez is dangerous, so it's wise for visitors unfamiliar with that area to be very careful and prepared before visiting for a consular interview.  We discuss Ciudad Juarez in more detail here.

Waivers tend to turn on hardship and a good waiver is evidence intensive.  No amount of blowhard discussion from an attorney producing cascades of passive voice prepositional phrases will secure an approval.  Waivers are a little about the law and a lot about the evidence.