Assisting others to enter the United States unlawfully is grounds for inadmissibility for foreigners pursuing a U.S. visa or Green Card. However, this can be overcome by applying for a waiver, depending on the family relationships in the U.S. and other factors. If you are a foreign national who has been convicted of alien smuggling or even engaged in alien smuggling without being convicted, you could be deportable from and inadmissible to the United States. This means that if you already have a green card you could be placed into removal proceedings and ultimately deported; and that if you are filing an application for a green card it may be denied.
Do I Qualify for a Waiver of Alien Smuggling?
In certain circumstances, foreign nationals who have engaged in alien smuggling might be eligible for a waiver of inadmissibility, allowing them to go forward with an application for an immigration benefit or to avoid deportation (forcible removal). But only specific types of applicants qualify:
- The individual must be a lawful permanent resident (green card holder or must be applying for a family-based immigrant visa or fiancé visa. The waiver is not accessible for any other type of petition, such as one for an employment-based visa, a student visa, or B-2 visitors visa
- A person can apply for a waiver only if the individual they helped bring to the U.S. was their spouse, parent, son or daughter at the time of entry. Individuals are unable to apply for a waiver after helping smuggle someone who is not on the list of family members. In the case of spouses, the applicant may still apply for the waiver even if the married couple ended up divorcing after the smuggling took place
- Foreigners must prove that they are deserving of a waiver, either for humanitarian purposes, to assure family unity or simply because it is in the best interest of the public. Meeting such requirements will be different in every case and will be dependent on each individual’s circumstances
Preparing for a Waiver Application
In order to petition for a waiver for alien smuggling, each applicant is required to fill out and file Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS. Even though it is in your favor to retain the services of an immigration attorney to help you prepare a waiver package, it is also a good idea to familiarize yourself with the waiver form that way you will be prepared to provide your attorney with all of the required information to prepare a strong convincing case. Additionally, you should begin thinking about your personal situation and why you deserve a waiver.
Do Not Hesitate to Get Legal Help
It is essential to hire an immigration attorney to help you figure out all of the options available to your case and prepare a persuasive argument in favor of a waiver. Having a lawyer on your side can aid in getting the guidance you need about which supporting documents to gather, where and how to get them. Having documentation on hand could help your attorney evaluate your case. Being that a waiver application of alien smuggling is unique to each case, be prepared to work hand in hand with your attorney. Give Gambacorta Law Office a call at 847 443 9303 for a free consultation.
