Waivers of Inadmissibility
A prior issue does not have to end the case.
Section 212(a) of the Immigration and Nationality Act sets out the grounds that can make someone ineligible for a visa. An arrest, a DUI, an old overstay, or an answer given on an earlier application can each raise one. Addressed early and disclosed accurately, most are workable.
Arrests and convictions
Disclosure, done correctly
Not every offense affects eligibility. What matters is that the record is disclosed accurately and that the court documents are in hand before the interview.
- Arrests without charges, and charges without convictions
- Expungements, and what they do and do not change
- The petty offense exception, where it applies
- Certified court dispositions, obtained in advance
DUI and alcohol
A single DUI is usually not a criminal bar
One conviction is generally not a crime involving moral turpitude. A recent arrest can prompt a referral to a panel physician, and we prepare for that before you apply.
- Referral to a panel physician, and what it involves
- Timing an application around a recent arrest
- How multiple offenses are treated
- Documents to have ready before the interview
Prior refusals and status
Overstays, refusals, and earlier applications
Time spent out of status and answers given on an earlier application both carry forward. Knowing exactly what is already in the record is what shapes the plan.
- Unlawful presence, and the three and ten year bars
- Prior removal, including at a port of entry
- What was said on an earlier application
- Consistency with everything already filed
A previous mistake can usually be overcome. Most of these grounds can be waived for a nonimmigrant under section 212(d)(3): the consular officer recommends and Customs and Border Protection decides, weighing the seriousness of what happened, your reason for travel, and the risk of admitting you. Waivers are discretionary and they take months rather than weeks, so what carries them is a carefully prepared request built on facts disclosed from the start.