Do I Need a Waiver? | Denied Entry to the United States

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A Denied Entry Waiver is a document that is required to those whose entry is denied by U.S. immigration. A Wavier overcomes inadmissibility to the United States and will allow you to enter United States no matter if your entry was previously denied or refused by U.S. immigration. It is not easy to obtain a Wavier. However, one will be required if you face an inadmissibility issue.

When you have a criminal record you most probably need a wavier but again it depends on your circumstances. When you are qualified to obtain a Waiver, there are few factors that has to be considered and those are:

  • An risk you may pose to the US
  • The seriousness of your immigration and criminal inadmissibility
  • Your reason for entering the United States

These are the three primary factors considered when issuing a Waiver.

Applicant Needs a Waiver:

You need a Waiver, if any of the following apply to you:

  • If you are involved in prostitution or “ commercialized vice”
  • If you are involved in a serious criminality who have obtained immunity from prosecution
  • If you were involved in controlled substance traffickers
  • If you have been convicted of two or more offences with a combined sentence of five (5) years or more.

The crimes mentioned above are considered serious crimes by United States immigration, if those apply to you, you must obtain a Waiver.

Applicant Does Not Need a Waiver:

You do not need a Waiver, if one any of these situations apply to you:

  • When you committed that crime you were eighteen (18) years old or less.
  • You have committed the offense at least five (5) years prior to your application
  • The sentence you received does not exceed one year of imprisonment
  • The sentencing for a crime that does not exceed a term more than six (6) months.

If any of those apply to you, you may not need Waiver and again it always depends on your situation.

If you have a further question about whether you need a Waiver or not, please feel free to call us or contact us through email and book a consultation. We will provide you further information and determine the best way to achieve your goals. With Akrami & Associates, there is always a way!