US IMMIGRATION WAIVERS 

Criminal Waivers – Do I need one?

If you have ever been arrested in Canada or anywhere in the world, you may need a nonimmigrant waiver to enter the U.S. 

Persons with criminal charges and/or convictions may be inadmissible to the United States regardless of how long ago it was or how minor the charges. Typical offenses that render a person inadmissible include fraud, theft, or crimes relating to controlled substances.  Additionally, persons previously removed or denied entry from the U.S. may also be inadmissible. 

The U.S. Department of Homeland Security has access to criminal records; therefore any individual with a criminal record runs the risk of being denied entry from the United States, even if it is only for a brief visit. 

REMEMBER:  Canadian citizens should be aware that Canadian pardons are not recognized by the United States and a waiver is still required for entry.  Don’t waste your money on a Canadian pardon; it will not help your border-crossing problems.

Prior Convictions - Options and Relief

Impact of a Criminal Conviction on Your Immigration Status

Did you take a plea agreement without realizing you could be deported or denied entry into the U.S.?

If so, the Law Offices of Rosanna Berardi may be able to help.

As you’ve probably learned, a criminal conviction can seriously impact your immigration status – even if the conviction was minor. You can lose your green card, face deportation, and be denied entry into the U.S. – forever.

But there’s hope.

Many state laws require that courts tell defendants when they enter into a plea agreement that it may result in deportation or refusal of entry into the country. However, oftentimes, the courts fail to do so.

As a result, if you plead guilty to a crime without fully understanding the consequences to your immigration status or your ability to enter the U.S., your conviction may have the potential to be vacated.

At the Law Offices of Rosanna Berardi, we represent individuals who have been convicted of a crime and are facing: deportation, loss of their green card or work permit, or ineligibility to enter the U.S.

Here’s How the Process Works

• First, you must obtain a court docket or a criminal court disposition for each of the convictions or arrests you have.
• We will then sit down with you to review your criminal background.
• After analyzing the details of your case, if we are able to find an error, we will file a motion to vacate or a motion to modify your sentence. 
• If we’re successful, your guilty plea will be withdrawn and your case will be dismissed or it will be reopened, resulting in a new trial, a reduced sentence, probation, or a new plea agreement.

Don’t Get Deported or Denied Entry
If you took a plea agreement without realizing you could be deported or denied entry into the U.S., call the Law Offices of Rosanna Berardi. We are experienced immigration lawyers and we may be able to prevent your deportation or exclusion from the U.S.

Non-Criminal Waivers of Inadmissibility

In addition to the various criminal grounds of inadmissibility, prior unlawful presence, health-related grounds, and fraud waivers are also available. 

212(h) Waiver
Unlike a nonimmigrant waiver admissibility, a 212(h) waiver is generally sought in conjunction with an application for adjustment of status or immigrant visa.  Section 212(h) of the Immigration and Nationality Law authorizes three types of waivers that can overcome inadmissibility due to crimes involving moral turpitude (CIMTs) or simple possession of marijuana where:

• Activities rendering the alien inadmissible occurred more than 15 years before the date of the alien’s application for a visa, admission, or adjustment of status, admission to the U.S. would not pose a threat to the welfare, safety, or security of the U.S.; and the alien has been rehabilitated;
  
  
• Denial of admission of an immigrant who is the spouse, parent, or child of a U.S. citizen or permanent resident would result in extreme hardship to that U.S. citizen or permanent resident;
  
  
• Certain battered spouses and children qualify for distinct benefits under the Immigration and Nationality Law.

Waiver for Refugees and Asylees

The INA provides a waiver for refugees or asylees in the U.S. that have been convicted of a crime.  It is submitted in conjunction with an application for adjustment of status.  This is a more generous waiver than the 212(h) waiver (see above), and does not require a showing of extreme hardship to a qualifying relative except in situations where the alien has committed a dangerous or violent crime. 

The waiver for refugees and asylees is contained in section 209(c) of the Immigration and Nationality Act. 

Immigrant Waiver for Fraud or Material Misrepresentation

An alien that seeks to procure immigration documents or entry into the United States by fraud or willfully misrepresenting a material fact is inadmissible.  An immigrant waiver is available to such aliens where the refusal of admission would result in extreme hardship to the alien’s U.S. citizen or lawful permanent resident spouse or parent.

Waiver for Health-Related Grounds

A green card or visa applicant may be inadmissible based on health-related grounds, such as communicable diseases (tuberculosis, HIV), physical or mental disorders which threaten the safety of oneself or others, drug abusers or addicts; and failure to vaccinate against certain vaccine-preventable diseases.  

An applicant with a communicable disease may receive a wavier if 1) the applicant has a U.S. citizen or permanent resident spouse or unmarried child and 2) is otherwise eligible for permanent residence except for the health related grounds of inadmissibility.

There are waivers available for most of the health grounds of inadmissibility – please contact our office if you think you may need a waiver due to a health-related ground.