Immigration Hardship Waivers

When the Government Says You Are "Inadmissible"

The U.S. government has laws that determine who is allowed to enter the country. If the government decides you are "inadmissible," that means you cannot lawfully live in the U.S. If you are not in the U.S. when the government decides you are inadmissible, you will not be allowed to enter the country. If you are here already, you may be forced to leave.

Sometimes you can request an exception to the law that says you are inadmissible. The request for an exception is called a "waiver of inadmissibility," a "hardship waiver," or "el perdón." Blackwell Law Group has helped over 500 families be together through the successful preparation of hardship waivers.

Some grounds of inadmissibility are permanent, and there is no way to overcome the inadmissibility. The best example is if you falsely claim to be a U.S. citizen.

Blackwell Law Group does both the regular hardship waivers that are filed after an immigration interview and the provisional hardship waiver that is filed before an immigration interview. Fill out our form to request an appointment/consultation today.

When you first meet us, we will be able to tell you whether the government is likely to say you are "inadmissible," whether you are eligible to request an exception to the law, and whether you can request the exception before your immigration interview.

Most Common Reasons for Being Inadmissible

• Living unlawfully in the U.S. for more than 180 days
• Certain criminal convictions
• Lying to gain an immigration benefit (for example, a visa or entry to the U.S.) or false claims of U.S. citizenship
• Re-entering the U.S. illegally after living unlawfully in the U.S. for more than 180 days
• Prior deportation order
• Certain health conditions
• Smuggling someone into the U.S.

Hardship Waivers Information

The hardship waiver requires proving a spouse or parent (who is a U.S. citizen or lawful permanent resident) will suffer extreme hardship if the waiver is not approved. The extreme hardship to your spouse or parent is that of moving to another country or of being separated from you.

If the inadmissibility never expires, then approval of a hardship waiver is the only way to return to the U.S. For inadmissibility that expires after a certain period of time (for example, 3 years, 5 years, or 10 years), the hardship waiver allows you to come back sooner.

Permission to Re-Enter

Similar to a hardship waiver, permission to enter "allows for the return of people who have removal orders and want to come back early, as well as people who are convicted of certain crimes known as "aggravated felonies." A common misunderstanding is that someone with a removal order must wait until 10 or 20 years have passed before filing permission to reenter. The application can be filed immediately.

Permission to re-enter is also for people who were required to live outside the U.S. for 10 years because they illegally re-entered the U.S. after unlawfully living in the U.S. for more than a year. For these individuals, 10 years must pass before permission to re-enter can be requested.