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Overcoming Barriers To Entry Using A Waiver

When you face a denial for a visa to enter the U.S. or adjust your status, you may not understand why. Even if you filled out every form correctly and met every deadline, the local consular office can still find you inadmissible to the U.S. The good news is that you may be able to file a waiver of your grounds of inadmissibility with U.S. Customs and Immigration Services (USCIS).

Working with an experienced immigration attorney is the best way to improve your chances of overcoming barriers to your entry. At Ayala Law Office, P.C., our lawyers have over 30 years of combined legal experience and are prepared to help you determine whether you may qualify for a waiver.

Why Were You Denied?

The U.S. government will deny entry for a number of reasons. Common reasons include:

  • You were previously removed from the U.S. for violating immigration laws.
  • You have a criminal record involving certain crimes or do not have morals consistent with the U.S.
  • You have certain health issues, such as a communicable disease.
  • You do not have means of self-support and are likely to become a public charge.
  • You misrepresented something on your application for immigration or made a false claim regarding your status.
  • You present a security risk.

In order to file for a waiver, you must have a clear understanding of the grounds for your denial. We will carefully review your case to make sure you know all issues you must address.

Understanding Available Waivers

In most cases, you will file a Form I-601, Application for Waiver of Grounds of Inadmissibility. You will need to make a compelling argument to USCIS regarding why you deserve a visa. The waiver requirements vary based on the type of waiver you need. Some require a qualifying relative. Others require a showing of hardship to a U.S. relative. Your waiver will be fact-specific based on your situation.

If the reason for your denial involved a prior deportation, you can file an application for re-entry after deportation or removal at the same time as your Form I-601. If the USCIS denies your waiver, you can appeal the decision or make a request for reconsideration.

Discuss Your Options

Discuss your case with us for more information about the reason for your denial and what options you might have. To schedule an appointment, please call our office at 520-585-4501 or reach out online. We serve Tucson and the surrounding areas of Arizona.