If an alien is charged with inadmissibility, or believes that he or she may be inadmissible, he or she should consult with an experienced immigration attorney immediately for counsel regarding potential eligibility for relief and guidance through the immigration waiver application process. At Reiner & Pleva, PLLC, we are experienced and skilled in handling all types of immigration waiver applications and always pursue every appropriate avenue for immigration relief for our clients.
The most common types of waivers are as follows:
Ground of Inadmissibility
Health-Related Grounds (like having a communicable disease of public health significance)
Type of Waiver
INA 212(d)(3)(A) & INA 212(g)
Physical or mental disorder that may pose a threat to the community
212(d)(3)(A) & INA 212(g)(3)
Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.”
212(d)(3)(A) (Only available to “non-immigrants,” or those who do not wish to remain in the U.S. permanently. There is no waiver of this ground for individuals wishing to enter the U.S. as Legal Permanent Residents.)
Commission of a “Crime of Moral Turpitude”
INA 212(d)(3)(A) (for non-immigrants) & INA 212(h) for those seeking permanent residence. Note that if the crime occurred within the past 15 years, applicants for INA 212(h) must prove that a U.S. Citizen or Legal Permanent Resident family member will suffer “extreme & unusual hardship” if the waiver is denied.
Controlled Substance Violators
INA 212(d)(3)(A) is available to some non-immigrants. For those wishing to establish residency in the U.S., a waiver exists under INA 212(h), but only if the violation related to a single offense of simple possession of 30 grams or less of marijuana.
Multiple Criminal Convictions
INA 212(d)(3)(A) waiver is available to some non-immigrants. For intending immigrants, an INA 212(h) waiver may be available, depending on the applicant’s criminal record. Like the Crime of Moral Turpitude waiver, if the crime occurred in the past 15 years the applicant must also prove that a U.S. Citizen or Legal Permanent Resident family member will suffer “extreme & unusual hardship” if the waiver is denied.
Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years
In rare cases, an INA 212(d)(3)(A) waiver may be available to non-immigrants. NO waiver is available to those applying for admission as immigrants.
We can answer many of your immigration questions in an initial consultation either by phone or in person.
We will help you assess your situation, identify the immigration issues, and provide information you need to make an informed decision.