What can be done in cases of inadmissibility?

Updated: Nov 16, 2020

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For some of these cases it is possible to request an immigration pardon, also known as a waiver. For example, in cases of prostitution, contagious diseases, risk of being a public charge, convictions for immoral crimes or, even, multiple convictions for crimes (depending on the crime).

But it is very important to understand that the rules are different depending on the case, that it is not the same to ask for a non-immigrant visa as an immigrant visa and that waivers are exceptional and discretionary measures. It must also be borne in mind that being able to request a pardon does not mean that it will be approved.

In these cases, it is very important to have the advice of a competent lawyer with a good record, who does not promise things that simply cannot be because the law does not allow it.

Also, bear in mind that there are causes of inadmissibility for which it is never possible to ask for a pardon. For example, drug trafficking, terrorism, or espionage. Finally, it is advisable to know how the punishment of inadmissibility of 3 and 10 years for illegal presence in the United States and the punishment of the permanent prohibition applies. The latter is frequently ignored but affects many people and the consequences are very serious.

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