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There are a number of reasons why the United States government might deem someone to be inadmissible and bar them from entering the United States—even if they would otherwise qualify for a visa. Often, this status results from criminal convictions, past immigration violations, or health issues that would prevent them from living independently in this country.

The good news is that Aurora immigration defense waivers can provide some relief in these situations. It is possible to overcome these issues in some cases and secure a visa despite being declared inadmissible previously. A dedicated deportation defense attorney could answer questions about this process.

Types of Immigration Waivers

Different types of immigration defense waivers are available to those in Aurora as well as anyone living abroad with qualifying family members in the area. Each of the three commonly used options are appropriate in different situations, and selecting the right approach is important.

I-212 Waivers

The I-212 waiver is used in cases where a person is inadmissible and has previously been barred from re-entering the United States. One of the most common reasons for deportation is a conviction for certain types of criminal offenses, including serious felonies and crimes of moral turpitude. This option is also used for someone who was previously deported and removed for violating immigration laws, like entering the country unlawfully.

I-601 Waivers

An I-601 waiver is the appropriate option when a person has been declared inadmissible after applying for a visa but has not been previously barred from entry. The difference between this option and an I-212 waiver is that these individuals have generally not been deported from the U.S. previously. This type of inadmissibility usually has more to do with issues that would leave the applicant burdening the government. Some examples include inadmissibility due to having a communicable disease or being unable to financially support themselves and live independently.

I-601A Waivers

This option is different from the standard I-601 waiver for one reason: it is intended to apply to immigrants currently living in the U.S. as opposed to foreign residents applying from abroad.

The Need for Supporting Documentation

No matter which waiver a person pursues, the federal government requires extensive supporting documentation before it will grant a waiver. The specifics depend entirely on the type of waiver that is sought. While tracking this information down can be tricky, an attorney in Aurora could assist with securing supporting documentation for immigration waivers.

For someone applying for a 601 waiver, USCIS requires extensive details regarding the applicant’s relative who is a United States citizen or lawful permanent resident. They will not only need to establish that this relationship exists, but also that the supposed hardship is real. The chances of approval will only go up with additional proof of hardships.

The supporting documentation needed for a waiver is very different when it comes to proving an immigrant’s moral character. This might include providing criminal histories or tax records, among other things. The support of legal counsel is invaluable during this process.

Talk to an Attorney in Aurora About Immigration Defense Waivers

Immigration waivers are an important option for anyone hoping to enter or remain in the U.S. despite previously being ruled ineligible. With the help of a seasoned attorney, it could be possible to secure an Aurora immigration defense waiver. Reach out to an attorney today to learn more.

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