Laws Involving Ineligibilities and Waivers

The visas that are established for travel into the United States and the rules that are required to meet before the applicant is issued the type of visa they have applied to obtain. There are some situations that make the applicant ineligible, which are called ineligibility and found in the INA and immigration laws. Included in the laws are previsions for certain ineligible applicants to apply for waivers.

The family or potential employer may have immigration lawyer questions they would like answered, when an applicant is found ineligible. The Idaho immigration lawyer is knowledgeable about immigration laws and can explain the possible waivers that can be applied for. The visa applicant will apply for the visa at a consular office at the U.S. embassy, where it will be determined if the applicant is qualified to receive the type of visa they have applied.

There can be numerous reasons for the application to be denied, in some instances it will be due to missing documentation that was necessary to include. It can also be denied for more serious reasons, such as past criminal offenses, which include driving under the influence and drug offenses. The applicant will be given the reason for the denial that is based upon the section of immigration law that applies. In some cases, a wavier may be able to apply for and will be advised if they qualify to apply, by the consular’s office. In some cases the U.S. petitioner can also be involved in assisting with being approved, after a denial. There are some denials that are permanent and there will be no waiver that will solve the problem, and the applicant will not be issued a visa or permitted to enter the United States. The waiver of ineligibility must be authorized by the Department of Homeland Security. Some of the causes for visa applicant’s denials:

  • The application was not completed properly
  • Sufficient documentation was not submitted.
  • Material of fact was misrepresented or fraud committed.
  • The applicant did not establish they were eligible for the classification of visa they applied.
  • The applicant did not establish proof of adequate financial support in the U.S.
  • The applicant had been convicted of a crime involving moral turpitude.
  • The applicant remained in the United States longer than approved on a previous visa.
  • The applicant was convicted of a drug violation.
  • The applicant has two or more criminal convictions, resulting in confinement of 5 years or longer.

The immigration lawyer Idaho can answer the questions the family or employment petitioner may have, if a family member or potential worker’s application has been denied. In some cases, submitting the proper documentation or applying for a waiver may correct the denial, while in other cases nothing can be done to have an application approved. This will depend upon the reason for the denial and the applicant’s previous criminal history. The immigration lawyer advice will include their expert knowledge of immigration law pertaining to denials.