A judge or other law enforcement official may claim that your family member is “inadmissible” to the U.S. because of unlawful presence, carrying a communicable disease, or criminal activity such as prostitution or smuggling.
Even so, it is possible to obtain a nonimmigrant waiver. Here are five types of waivers that may help you or your loved ones.
1. I-601 hardship waiver
A court is likely to grant this waiver if you have a family member who would experience “extreme hardship” from not seeing you. This hardship is more than emotional heartache. You usually must prove that you are the only person who can provide for their medical care or safety. Use this form if you are currently outside the U.S.
2. I-601A provisional waiver
According to the US Citizenship and Immigration Services (USCIS), you may earn a provisional I-610A waiver if you are already in the United States and meet several specific criteria.
3. Criminal conviction waiver
There are also specific criteria for this waiver. Explore this option if you have a single conviction for marijuana, a prostitution conviction or have earned immunity for previous offenses.
4. Misrepresentation or fraud waiver
If a court previously denied your visa due to incorrect or fraudulent information on your application, you can challenge the outcome of that decision. It is possible to prove that no fraud occurred, or that you did not intentionally misrepresent yourself.
5. Unlawful presence waiver
Use this option if you have received a 3-year or 10-year bar from the country. As always, each case is unique, and immigration law is complex. Do the research and consult those who have specific training to get the best advice possible.