What are the waiver application criteria?
The following factors are considered in granting a nonimmigrant waiver:
- Risk of harm to society if the applicant is admitted.
- The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.
- The nature of the applicant’s reasons for wishing to enter the United States.
It is important to note that even if a waiver is recommended and a visa is ultimately granted, some travellers still face intense scrutiny and at times harsh treatment by Customs and Border Protection when entering the United States.
This type of behaviour cannot be predicted and is entirely discretionary. If unnecessary delays when entering the United States continue to occur even after a visa has been approved by the State Department then you will want to consider whether to file a complaint through the DHS Traveller Redress Inquiry Program (TRIP).
Supporting your declaration for admissibility
Factors to consider when building your waiver application include evidence of good moral character, such as community involvement and standing, and positive reasons and consquences as to why a waiver should be granted. If the waiver relies on a qualifying relative, you may be able to show that refusing admission would result in extreme hardship for your relative, which could cover medical, financial, emotional or parental issues.
What has to be disclosed in the application?
The applicant is obligated to provide full disclosure to the authorities of any factors which may render them inadmissible, such as criminal convictions and immigration violations. You may also be required to provide further information or documents relating to the inadmissibility grounds. Failure to disclose or misrepresenting information in itself can provide grounds for inadmissibility.
How to file a complaint to the DHS Traveller Redress Inquiry Program (TRIP)
A DHS TRIP submission can be made if you are facing the following issues:
- You are always subjected to additional screening when going through an airport security checkpoint.
- You were denied boarding.
- You are directed to a ticket counter every time you fly.
- The airline ticket agent stated that you are on a Federal Government Watch List.
- You are detained during your travel experience.
- A ticket agent took your identification and called someone before handing you a boarding pass.
- You missed your flight while attempting to obtain a boarding pass.
- You are repeatedly referred for secondary screening when clearing U.S. Customs and Border Protection.
- You were denied entry into the United States.
If you have questions regarding the need for a waiver of inadmissibility or a DHS TRIP submission please contact us for a comprehensive review of your circumstances and a detailed discussion about strategy, procedures, timing and costs.