Apply for a Stateside Waiver is possible if you have an immediate relative of a US citizen. In some cases, you can also apply for a waiver if you are inadmissible to the US for health or criminal reasons.
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Can a Canadian apply for a stateside waiver?
Whether you are a Canadian or a non-Canadian, if you want to enter the United States you will need to secure a US Entry Waiver. This form of permission allows you to enter the US and stay for a specified period of time.
You might be surprised to find that applying for a US Waiver is not that simple. For starters, you will have to fill out a form and pay a government fee. Then you will have to go through a process called consular processing. This involves an interview at your local US Consulate.
To get the best possible result, it is recommended that you hire an experienced immigration lawyer. He or she will be able to help you prepare for this process, and will be able to help you explain your case to US customs officers. This will help you avoid being denied entry into the country.
Aside from a good lawyer, you will also want to ensure that you have the correct documentation. One small mistake, like missing the right passport, could cost you the application.
Inadmissible to the US for criminal or health reasons
Whether you are applying for a visa, a green card, or citizenship, you may need to make an I-212 application for forgiveness of inadmissibility. Inadmissibility may be caused by certain criminal or health grounds. Generally, an individual must have the purpose of visiting the United States in mind to apply for a waiver.
Section 212(a) of the Immigration and Nationality Act (INA) lists several grounds of inadmissibility. These grounds cover a variety of criminal and health-related grounds. In addition, the law prohibits non-citizens from entering the country with infectious and communicable diseases. The list of communicable diseases is specified by a Presidential Executive Order. Some of these diseases are leprosy, syphilis, active tuberculosis, and human immunodeficiency virus.
Inadmissibility is also applicable to non-citizens who are involved in prostitution. This ground does not apply to individuals with United States citizen parents. Similarly, inadmissibility is not applicable to individuals who have been convicted of a single controlled substance offense, such as possession of 30 grams or less of marijuana.
Immediate alien relative of a U.S. citizen to qualify for a stateside waiver
Historically, people who were inadmissible for unlawful presence in the United States were required to leave the country before they could be admitted. However, in 2013, the Department of Homeland Security (DHS) implemented a stateside process to allow certain individuals to apply for a waiver of inadmissibility before they leave the U.S.
Before this new process, people with unlawful presence were required to attend a consular interview to find out whether they could be admitted to the U.S. However, if a person did not attend the interview, the Department of State could refuse them entry into the country.
This process is intended to help immediate relatives of United States citizens who are inadmissible for unlawful presence in the U.S. This waiver does not waive other grounds of inadmissibility.
However, individuals who have unlawful presence for one year or more will be barred from entering the United States for 10 years. In addition, the Department of Homeland Security (DHS) and the State Department work together to process waivers.
Withholding of removal under the Convention Against Torture
Applicants who are not eligible for asylum must be evaluated for withholding under the Convention Against Torture (CAT). Aliens who are deemed eligible for withholding are given limited legal rights in the United States.
CAT protection is a very valuable option for non-citizens who fear being tortured in their home country. There are two types of protection offered under CAT: a withholding of removal and a deferral of removal. CAT can only be granted by an Immigration Judge.
Withholding of removal is a type of relief that is granted in removal proceedings after other forms of relief have been denied. A withholding of removal can only be granted to an alien if it is clear that the alien will face persecution in the country of origin if he or she is removed.
The CAT protects aliens who fear persecution, but it does not protect them from deportation to a country where they would be tortured. CAT recipients may be removed to a third country where they will not be tortured. However, the government will consider the alien’s travel outside the United States as “self-deportation.”
A withholding of removal protects the alien from being removed to a country where he or she would face torture, but it does not provide the immigrant with permanent residency. The alien can still apply for work authorization in the United States. The alien’s CAT protection may be terminated if DHS reopens the case in an Immigration Court. The Immigration Court will provide the alien with a notice of termination hearing.