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

   Identify the specific grounds of inadmissibility, such as criminal convictions, immigration violations, or fraud.

2. Complete Form I-601

   File Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS or the U.S. consulate processing your visa. Include:

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

   Send the completed application and supporting documents to USCIS or the U.S. consulate.

4. USCIS or Consular Review

   Your application will be reviewed, and you may need to attend an interview or provide additional information.

5. Receive the Decision

   If approved, you can proceed with your visa application. If denied, explore appeal options.

Why Choose Larhdel Law for Your Non-Immigrant Waiver?

At Larhdel Law, we provide:

• Eligibility Assessment: Determine your chances of success.
• Document Assistance: Ensure all documentation is accurate and complete.
• Legal Representation: Draft a compelling waiver request.
• Interview Preparation: Provide coaching for consular interviews.

Real-Life Success Stories

Case 1: Overcoming a Criminal Inadmissibility Issue
A client with a past criminal conviction was able to obtain a visitor visa with our help.

Case 2: Overcoming Immigration Violations
We assisted a client with visa overstaying issues in obtaining a work visa.

Case 3: Addressing Fraud and Misrepresentation
A client successfully received a waiver despite providing incorrect information previously.

Contact Us

If you are facing inadmissibility issues, the non-immigrant waiver can provide the solution you need. Contact us today at 310 943 6352 to get started.