Waivers Around The World: Practice Tips For Inadmissibility Determinations At U.S Consular Posts And Waiver Adjudication At USCIS International Offices


Dealing with inadmissibility issues in cases abroad requires a different approach from cases inside the United States. Although you may know clearly where your local U.S. Citizenship and Immigration Services (USCIS) district office draws the line, inadmissibility decisions can be shockingly different overseas. For example: would you believe that a 15-year-old conviction for driving under the influence of alcohol could leave to a finding of inadmissibility? Would you predict that a 25-year-old conviction for shoplifting a tube of hair gel might not qualify for the petty offense exception to criminal inadmissibility? Would you believe that a consulate would seek out and review fraud/misrepresentation? Would you think that a conviction entered when the applicant did not appear in front of a judge, commonplace in some countries would not trigger inadmissibility? Based on the unpredictability of these and other decisions, it is important to go back to the drawing board when preparing any application for submission abroad that has potential inadmissibility issues. This article will provide some general information on the best practices for waiver applications submitted abroad, with a particular focus on the immigrant visa context.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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