Waivers Inadmissibility | People who enter the United States, illegally are not eligible to adjust their status, get a green card or work permit. People who enter illegally are forced to receive a visa outside the United States that allows them to enter. However, if you entered the United States illegally, you are subject to a bar. Meaning, if you leave the United States under any circumstances you are not allowed to return within a certain time frame beginning at 3 years, and going up to 10 years. There is an application that allows the waiving of those two bars, a waiver of inadmissibility and deportability application. If you were in the United States for more than a 180 day time period, you will be required to file this application.
This application is only available to people who are immediate relatives to United States Citizens. To qualify, you must be an immediate relative to an United States citizen, show that your absence will provide extreme hardship to your immediate relative, your length of stay in the U.S. is more than 180 days, be at least of 17 years of age, have an approved Petition For Alien Relative, or Petition For Alien Worker or, Petition For American Widow(Er), or Special Immigrant who has paid the immigrant visa processing fee.
To apply, you must show documentation, of the hardship that will occur if you or your loved one, leaves the country. Proving hardship can be difficult, and the criteria of hardship consist of the following area financial, emotional, health, personal, and educational. In general, the form will be adjudicated by U.S. Citizenship and Immigration Services, and depending on the circumstances of your case, it is adjudicated by the Immigration Judge. Once you receive the approved waiver, you are able to go schedule an appointment with the consulate in your home country. At the consulate, you will be required to attend an interview. If you pass the interview successfully, you will return to the United States with a visa, and be able to adjust your status. Doing a waiver by yourself without consulting with an attorney, puts you at a high risk of being deported or not able to re-enter the United States. Make sure you consult with an immigration attorney prior to filing for a waiver application.