There are several reasons why someone could be required to apply for a waiver of inadmissibility to enter the United States. My application was the result of prior criminal convictions but other possible waiver applications include:
- Waivers of Inadmissibility on Health-Related Grounds (aliens who carry communicable diseases of significant public interest, this could include being HIV positive)
- Waivers of Inadmissibility due to Fraudulent Misrepresentation (an alien who fraudulently procured a visa and exclusion would result in extreme hardship to a US citizen, spouse or parent of such alien)
- Waivers of Inadmissibility due to lack of Proper Documentation, including valid passport, visa or border crossing identification (this waiver can be produced for an alien who does not possess a valid passport, visa or other border crossing identification)
- Waivers of Removability for Unauthorized Work (The section supporting this waiver forgives violations such as acceptance of unauthorized employment, failure to maintain continuously a lawful status, failure to be in lawful nonimmigrant status when applying for permanent residence or violation of the terms of a nonimmigrant visa)
- Waivers of Removability for Overstay (aliens arriving at a point of entry with a visa that has become automatically void due to an overstay may apply for a waiver under I.N.A. § 212(d)(4) in limited circumstances)
1 comments:
I have a question regarding my 10 year Bar. I am Canadian Citizen and overstayed 3 years in US 8 years ago. I was traveling to US many times without any problem. Officially I never was charged for that. I was not deported either.
Last week officer was so aggresive he told me that despite that I was travelling many times before and I never was charged officially it does not mean that I am admissiable to US because I overstayed.(My son was born there and when he swiped his passport officer started asking me to provide documents to prove I was leggaly there). I got so scared that I lied to him and told him that I don't have with me documents to prove that. (My husband officially worked there 5 years and as his wife I lived with him). He gave me 10 year BAR it means I can't enter US until 2014 (in 2004 I left US).
Maybe someone knows what chances I have to recieve Waiver.
My mother and my sister are US citizens and living in NY. I would like to visit them. I live in TOronto with my husband and two small kids, we have house, mortgage , nice jobs and good income, good references. Maybe these factors will be helpful? Or it's better to wait untill 2014.
THank you in advance for your advise.
Diana
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