Consular Processing / Waivers - Los Angeles Immigration Law

IMMIGRATION LAW:
CONSULAR PROCESSING / WAIVERS

Citizens of foreign countries who wish to obtain permanent resident status in the U.S. generally must obtain immigrant visas at the neares Consulate or U.S. Embassy, this is called Consular Processing. There are a few exceptions, for example if the applicant is in the United States and entered with a certain type of Visa or a family or employer petitioned the applicant before April 30, 2001.

If the applicant is not eligible to be admitted into the United States (either through consular processing or adjustment of status), one can file an application for waiver of the grounds of inadmissibility. The chances of success of a waiver being granted will vary based on the ground of inadmissibility and what is called the "equities" of the case.

An eligible alien can seek a waiver only for the following "grounds of inadmissibility":

  • Failure to possess required documentation such as green cards, US passports or visas
  • Health-related grounds such as communicable diseases,and behavioral disorders
  • Certain criminal grounds such as crimes involving "moral turpitude," controlled substances, prostitution and other serious offenses
  • Immigration fraud or misrepresentation
  • Membership in a totalitarian party
  • Alien smuggling
  • Unlawful presence in the US
  • Certain grounds of inadmissibility if filed by a Temporarily Protected Status applicant
  • Inadmissibility based on prior removal or unlawful presence after prior immigration violations (HRIFA and NACARA applicants)
  • Unlawful presence after a prior immigration violation (VAWA self-petitioner)
  • Likelihood to become a public charge - in jail, on welfare
  • Supporting Documentation
Consular Processing / Waivers - Los Angeles Immigration Law

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