If you're looking to visit the United States temporarily for work, study, tourism, or business but have been deemed inadmissible, you may feel like your dream of visiting the U.S. is out of reach. Fortunately, the non-immigrant waiver offers a solution. The waiver allows individuals who are inadmissible to the U.S. for reasons such as criminal convictions, immigration violations, or other grounds to overcome these barriers and enter the U.S. temporarily.

At Larhdel Law, we specialize in helping clients navigate the non-immigrant waiver process. Our team is dedicated to ensuring that you have the best possible chance of overcoming inadmissibility and being granted entry to the U.S.

What is a Non-Immigrant Waiver?

A non-immigrant waiver is an immigration process that allows individuals who have been deemed inadmissible to the United States to request permission to enter temporarily for a specific purpose, such as business, tourism, or study. Non-immigrant waivers are typically granted on a case-by-case basis, depending on the applicant’s individual circumstances.

Non-immigrant waivers are used to overcome grounds of inadmissibility for non-immigrant visa applicants. This includes individuals applying for:

• Visitor visas (B1/B2).
• Business visas (B1).
• Student visas (F-1, J-1).
• Exchange visitor visas (J-1).
• Work visas (H, L, O, etc.).

Non-immigrant waivers are often required if you have been found inadmissible due to:

• Criminal convictions or charges.
• Overstaying a previous visa.
• Misrepresentation during the visa process.
• Certain health-related issues.

Eligibility for a Non-Immigrant Waiver

The eligibility for a non-immigrant waiver depends on the grounds of inadmissibility. Individuals applying for temporary visas who have been found inadmissible for reasons such as a criminal history, immigration violations, or misrepresentation are generally required to apply for this waiver. The most common grounds for inadmissibility include:

1. Criminal Convictions:
   • Felonies or crimes involving moral turpitude.
   • Drug offenses.
2. Immigration Violations:
   • Overstaying a visa.
   • Unlawful presence in the U.S.
   • Entering the U.S. without inspection.
3. Fraud or Misrepresentation:

   Providing false information on previous visa applications or immigration documents.

4. Health-Related Grounds:

   Communicable diseases or conditions that make an applicant inadmissible.

How to Apply for a Non-Immigrant Waiver

1. Determine Your Inadmissibility Grounds:

   The first step in the process is to identify the specific grounds of inadmissibility. If you have been denied entry due to criminal convictions, immigration violations, or fraud, you will need to request a waiver to overcome these barriers.

2. Complete Form I-601:

   Once you have determined that you require a non-immigrant waiver, the next step is to file Form I-601, Application for Waiver of Grounds of Inadmissibility. This form must be submitted to U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate processing your visa.

   Along with Form I-601, you will need to provide the following documents to support your waiver application:

   • Court records or police reports (if applicable).
   • Evidence of rehabilitation (if criminal inadmissibility is the issue).
   • Evidence of family ties to the U.S. (if applicable).
   • Supporting documentation such as medical records, affidavits, or letters of reference.
3. Submit Your Waiver Application:

   Once you have gathered the necessary documentation and completed Form I-601, you will submit your waiver application to USCIS or the U.S. consulate. The processing time for waivers can vary depending on the nature of your inadmissibility and the specifics of your case.

4. USCIS or Consular Review:

   After your application is submitted, USCIS or the U.S. consulate will review your waiver request. In some cases, additional documents or information may be requested to support your case. You may be scheduled for an interview as part of this process.

5. Receive the Decision:

   Once the review is complete, you will receive a decision on your waiver request. If your waiver is approved, you will be allowed to proceed with your visa application. If denied, you may have the opportunity to appeal the decision or explore other legal options.

Why Choose Larhdel Law for Your Non-Immigrant Waiver?

• Eligibility Assessment: We evaluate your case to determine if applying for a non-immigrant waiver is the best option and help you understand your chances of success.
• Document Assistance: We guide you through the process of gathering and submitting the appropriate documentation, ensuring that everything is accurate and complete.
• Legal Representation: Our legal team works closely with you to draft your waiver request, strengthening your case and presenting the most compelling argument for your approval.
• Interview Preparation: If an interview is required, we provide coaching and support to help you prepare and present yourself confidently to the consular officer.

Real-Life Success Stories

• Case 1: Overcoming a Criminal Inadmissibility Issue: A client with a past criminal conviction was unable to obtain a visitor visa. We helped them demonstrate rehabilitation and strong ties to the U.S., leading to a successful waiver approval and visa issuance.
• Case 2: Overcoming Immigration Violations: A client who had overstayed their visa applied for a work visa but faced inadmissibility. Larhdel Law assisted them in obtaining a waiver by providing evidence of their family’s reliance on their presence, resulting in visa approval.
• Case 3: Addressing Fraud and Misrepresentation: A client who had previously provided incorrect information on their visa application applied for a non-immigrant waiver. We worked with them to provide supporting evidence, leading to a successful waiver approval and re-entry into the U.S.