Complex Visa Cases: Inadmissibility, Waivers, Humanitarian Parole
Consular officer may find an individual inadmissible to the US, or there may be a situation where there is no appropriate visa solution but humanitarian reasons warrant entry to the United States. Findings of ineligibility fall into a broad variety of classes, with the most prominent being findings of misrepresentation or fraud; criminal; and visa overstays. The consequences of such findings may be severe.
In the case of misrepresentation, a person may be barred from the United States permanently for a material misrepresentation made in the visa application process. Overstaying authorized visits to the United States can mean the imposition of a 3 or 10 year bar, depending on the time of overstay. Therefore, it is imperative to be honest, scrutinizing, and diligent throughout the visa application process and while in the United States.
If there are emergent situations and a person is unable to obtain a visa, then an application for humanitarian parole may be justified.
What is then done?
Challenge the finding: If you believe that there are legitimate grounds for challenging the findings of the officer, an appeal or request for reconsideration is submitted on the point of law and facts to that officer or his or her supervisor or to the appropriate administrative or judicial body in U.S.
Waivers: If the finding is accurate, or the challenge to the finding is not upheld, immigrant and non immigrant visa waivers are available. The standards for the granting of a waiver for a non-immigrant visa are relatively liberal: the consulate considers the risk of harm to society if the individual is admitted; the seriousness of his or her violations; the reason that the alien is seeking admission.
In addition, it is necessary to show the non-immigrant intent of the applicant: that he or she will return home after a short visit to the United States. The granting of an immigrant visa waiver is much more limited: it may be granted to the spouse, son, or daughter of a US citizen or permanent resident for certain ineligibilities if extreme hardship to the interested US person can be proven. This is a difficult standard to satisfy.
Humanitarian Parole: This may be an appropriate option if there is a reason why a person is unable to obtain a visa; there are medically emergent or humanitarian circumstances which justify permitting the individual to enter the U. S.
It is necessary to understand the Inadmissibility, Waivers, Humanitarian Parole and when appropriate, challenge the decision of Consular Officer without unreasonable delay through expert and professional experienced U.S. Immigration Specialist Lawyer who has been representing such cases regularly in U.S. Embassy in Dhaka or the appropriate administrative or judicial body in U.S. Failure to do so silence is viewed as consent with the decision of Consular Officer.