Inadmissibility & provisional Waivers Attorney

What Constitutes Inadmissibility?

Inadmissibility, previously referred to as “excludability,” arises when an individual meets the criteria for a temporary visa or another immigration benefit but is barred due to specific grounds.

Such grounds may encompass:

  • Economic insufficiency
  • Criminal history
  • Public health concerns, such as communicable diseases or psychological disorders
  • Ties to terrorist entities, among others.

Inadmissibility may also result when an immigrant has:

  • Exceeded the allowed period on their visa.

  • Entered without lawful permission.
  • Infringed upon the terms of their prior legal immigration status.

Does Inadmissibility Last Indefinitely?

Inadmissibility is typically deemed permanent if an individual has re-entered the U.S. following a prior deportation. However, it may be possible to secure a waiver of inadmissibility, which effectively pardons the reasons that would otherwise bar entry or the acquisition of lawful status in the U.S.

Securing such a waiver can be complex, underlining the importance of professional legal assistance. If you’re aiming for a higher immigration status or applying for a visa, admissibility concerns may arise, making expert guidance essential.

What Occurs When You Are Determined Inadmissible?

If you are deemed inadmissible, it may result in:

  • Being barred from entering the country.
  • Being unable to adjust to a more favorable immigration status.
  • Potentially being subjected to removal proceedings.

Understanding Provisional Unlawful Presence Waivers

Provisional waivers offer a pathway for certain immigrant visa applicants to address the issue of unlawful presence before departing the U.S. for their consular interview. Here’s a brief overview:

  • Eligibility Expansion: Initially for immediate relatives of U.S. citizens, the process now includes all individuals eligible for an immigrant visa and a waiver for unlawful presence.
  • Waiver Before Departure: Applicants can seek a provisional waiver for unlawful presence while still in the U.S., reducing the time spent away during consular processing.
  • Avoiding Unlawful Presence Bars: Those who have accumulated more than 180 days of unlawful presence need this waiver to counteract the bars under section 212(a)(9)(B) of the Immigration and Nationality Act.
  • Application After Inadmissibility Finding: Typically, the waiver can only be applied for after the consular officer has deemed the individual inadmissible during the visa interview.
  • Who Can Apply: Immediate relatives, family-sponsored, employment-based immigrants, and Diversity Visa selectees who only require a waiver for unlawful presence can apply.

Legal Services for South Florida & Beyond for Over 15 Years

Having experienced immigration lawyers to guide you can enhance your prospects of success and provide you with reassurance throughout the process. At Maribel A. Piza, P.A., we have dedicated years to assisting immigrants in South Florida, ready to offer the robust support you require during your immigration journey.

We are well-versed in the distinct challenges faced by immigrants and take pride in being reliable counselors as you and your family establish yourselves in the United States. To accommodate varying financial situations, we also provide payment plan options for our clients.

Send us a message online or call (561) 779-3525

To schedule your consultation via phone, in-person, or chat with a Florida immigration lawyer today. Our services are available in English and Spanish.

How To

Filing for Asylum

The duration of the asylum application process can vary significantly, potentially lasting from six months to a few years based on individual circumstances. If you’re seeking asylum after recently arriving in the U.S., here’s what you should do:

  • File Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival.
  • Await two notices from USCIS: one acknowledging receipt of your application and another to set up fingerprinting at an Application Support Center (ASC).
  • Go to the ASC for your fingerprinting and complete the required background/security checks.
  • Attend an interview with an asylum officer, where you can have legal representation and, if necessary, an interpreter.
  • The asylum officer will make an initial determination on your eligibility for asylum.
  • A supervisory officer will review this decision.
  • Finally, you will be notified of the decision, either by picking it up from the asylum office or receiving it via mail.