Waivers of Ineligibility

Klarfeld Law Offices can help you overcome obstacles to entering the U.S. including filing Waiver of Ineligibility for visa applicants who have previously overstayed their entry permits to the U.S. or who have been Ordered Removed or Denied Entry at a U.S. Port of Entry

If you have been refused a visa or denied entry into the United States because you were found ineligible, you should consult with an Immigration Attorney before you attempt to reapply for a visa.

In many cases, you may be able to apply for a Waiver of Ineligibility.

A Waiver is a temporary or permanent pardon from the Department of Homeland Security granted to an Applicant who has committed an Immigration violation or Criminal act, rendering the Applicant ineligible for entry to the U.S.  The Waiver may be granted narrowly for one-time visit or it may be granted for a limited time only in cases of Applications for temporary visas.  The criteria for granting waivers, differs according to the type of visa being requested.

Temporary Visa Applicants who have been found ineligible to enter the U.S. may request a Waiver  if there is a compelling reason for the visit, if there is sufficient evidence to demonstrate the compelling reason, if the reason for being denied a visa or denied entry into the United States is not insurmountable, AND, if  circumstances can be demonstrated that the Applicant is compelled to return to his or her home country in a timely manner.  In such cases the Applicant may be able to convince a Consular Officer that there is merit to the Waiver request.

USCIS and the State Department will almost always defer to the Consular Officer’s judgement in such circumstances since it is the Consular Officer who is in the best position to review the case and make the necessary local inquiries, should the need arise.

The criteria is different for granting a Waiver of Ineligibility to Intending Immigrants. The Petitioner and the Beneficiary Applicant must prove that barring entry to the Intending Immigrant will cause Extreme Hardship.  Extreme Hardship is difficult to prove and is generally ruled by Case Law.  If you require a Waiver of Ineligibility as an Intending Immigrant you should consult with an Immigration Attorney before taking any action.

For information regarding issues of visa ineligibility see Visa Denials


To schedule a consultation on Waiver related issues contact us