Who needs a waiver of inadmissibility?

By Atty. Chris Caday Lozano


N-400 Application for Naturalization
The USCIS is now giving priorities to application for naturalization . The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election. There are cases when the waiting time is only six months compared to prior years. Pres. Biden is encouraging all qualified to file for naturalization. This is a rare opportunity that all qualified should take advantage of.

DACA reinstated
Pres. Biden reiterated to renew the DACA processing as of August 31, 2022

Petition for Caregivers
The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa. The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current. This means that when the petition is approved an adjustment of status can be filed. This process is good for those who need caregivers.

Arrest and removal of undocumented is now up to the discretion of ICE officer
US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal. With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure. It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented. It is time to work on your green card now.

Who needs a waiver of inadmissibility?

If you entered the United States using a different name or committed a crime then you need a waiver of inadmissibility under Form I-601 so that you can process your green card.

Q: What grounds of inadmissibility may be covered by a waiver?
A: The following grounds of inadmissibility under the Immigration and Naturalization Act (INA) are as follows: health-related grounds, criminal and related grounds, immigrant membership in a totalitarian party, misrepresentation in immigration matters, smugglers, subject to civil penalty, and unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S.

Q: How long is the validity of the waiver?
A: If the waiver is granted, then, except for K-1 and K-2 nonimmigrant’s and conditional permanent residents, the grant permanently waives fraud or willful misrepresentation included in the application for purposes of any future immigration benefits application, whether immigrant or nonimmigrant. The waiver remains valid even if the person later abandons or otherwise loses LPR status.

Q: If you are a conditional permanent resident, is the waiver also permanent in nature?
A: For conditional permanent residents, the waiver only becomes valid indefinitely if and when the conditions are removed from his or her permanent resident status. Conversely, termination of the conditional permanent resident status also terminates the validity of the waiver.

Q: Does the waiver cover all grounds of inadmissibility?
A: A waiver applies only to the specific grounds of inadmissibility and related crimes, events or incidents specified in the waiver application. If, in the future, the applicant is found inadmissible for a separate incident of fraud or willful misrepresentation not already included in an approved waiver application, he or she will be required to file another waiver application. USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.

Q: Are there conditions for the grant of a Waiver to K-1 or K-2 nonimmigrant visa applicants?
A: If the applicant seeks a waiver to obtain a fiancé (e) visa (K-1 or K-2), the waiver’s approval is conditioned upon the K-1 nonimmigrant marrying the U.S. citizen who filed the fiancé (e) petition. The waiver becomes permanent once the K-1 marries the petitioner.

Q: What happens to the waiver if the K-1 nonimmigrant does not marry the petitioner?
A: In general, if the K-1 nonimmigrant does not marry the petitioner, the K-1 and K-2 (if applicable) will remain inadmissible for purposes of any application for a benefit on any basis other than the proposed marriage between the K-1 and the K nonimmigrant visa petitioner.

Q: What happens if at the time of entry, the immigration officer declares the visa holder inadmissible based on documentary requirements?
A: If an applicant procured an immigration benefit by fraud or willful misrepresentation, the applicant may also be inadmissible for lack of documentary requirements at the time of entry. When an applicant is granted a waiver for fraud or willful misrepresentation, inadmissibility based on lack of documentary requirements at the time of entry is also implicitly waived.

Q: Can you give an example of the above?
A: For example, an applicant misrepresents a material fact during the overseas nonimmigrant visa application process. The Department of State, however, grants her a visa. Later, she applies for adjustment of status. During her adjustment interview, an officer discovers her misrepresentation and finds her inadmissible for both willful misrepresentation and failure to comply with documentary requirements. The applicant then applies for a waiver of inadmissibility for willful misrepresentation. Approval of the waiver has the effect of waiving inadmissibility for willful misrepresentation and for the lack of a valid visa at the time of entry.

Note: This is not a legal advice. You should consult with an immigration attorney about the specifics of your case.

Bankruptcy Basics
• Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

Our Law Firm successfully settled a car accident for $675.000.

We also handle uncontested DIVORCE.

We can help you if you are under IRS audit, need a representation with IRS, need to reduce your tax liability or need to offer a payment plan to IRS,

For the month of August 2022, we received an approvals from the Immigration Court a waiver of misrepresentation for an immigrant in removal proceeding who entered the U.S as single but actually married. The waiver allows him to stay in the U.S. permanently. We also received approval from USCIS six naturalization applications, two Fiancée visa petition, three removals of condition on residence and three adjustment of status applications.

Note: If you have immigration problems write us a letter and we will reply to you with no initial obligation. The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and income tax preparation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment