Waivers / Overcoming Visa Denials

The situations making an applicant ineligible for a visa, called visa ineligibilities or “grounds of inadmissibility,” are described in the Immigration and Nationality Act (INA).

If a consular officer denies a visa application, there is no appeal. Still, there may be several ways to challenge a visa denial, such as requesting reconsideration, supervisorial review, or an advisory opinion, or resubmitting the application.

If a visa denial cannot be overcome, it may be possible to request a “waiver.” A waiver is somewhat analogous to a pardon in criminal law, in that a waiver forgives an ineligibility, allowing visa issuance.

Highlights

Common Waivers of Inadmissibility
Common Waivers of Inadmissibility

If a consular officer denies a visa application, there is no appeal. Still, there may be several ways to challenge a visa denial, such as requesting reconsideration, supervisorial review, or an advisory opinion, or resubmitting the application. If a visa denial cannot be overcome, it may be possible to request a "waiver." A waiver is…

Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., ineligible) for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key……

What is Form I-601, Application for Waiver of Grounds of Inadmissibility?
What is Form I-601, Application for Waiver of Grounds of Inadmissibility?

An individual who an immigration officer or consular officer has determined is inadmissible to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are deemed inadmissible, must file the Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds…

U.S. Visa Denied? Here are Your Options
U.S. Visa Denied? Here are Your Options

If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help?

The Meaning of “Extreme Hardship” for Waiver Purposes
The Meaning of “Extreme Hardship” for Waiver Purposes

A person found ineligible for a visa may nonetheless qualify one of the various “waivers” allowing visa issuance. Often, issuance of a waiver requires that the applicant prove a qualifying relative will experience “extreme hardship” if the waiver is not granted.

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