Helping You Overcome Barriers to U.S. Immigration
Being found inadmissible to the United States can feel devastating—but it doesn’t always mean the end of your immigration journey. At Khashmati Law, P.C., we help individuals and families navigate hardship and inadmissibility waivers, which can offer a second chance for those denied entry or immigration benefits due to certain legal, medical, or procedural grounds.
If you or a loved one has been told you are inadmissible, our experienced New York immigration attorneys will carefully evaluate your situation and determine if a waiver may apply. Many waivers require showing that a U.S. citizen or lawful permanent resident family member would suffer “extreme hardship” if you were denied entry or status.
Common Grounds of Inadmissibility – and Available Waivers
1. Health-Related Grounds
Certain communicable diseases, missing vaccinations, or physical/mental health conditions may result in inadmissibility. However, waivers may be available for:
- Spouses, parents, or unmarried minor children of U.S. citizens or green card holders
- Individuals whose vaccination requirements conflict with religious or moral beliefs
- Medical conditions that are not a threat to public safety
These waivers are discretionary and often require supporting documentation from medical and legal professionals.
2. Criminal Grounds – §212(h) Waiver
If you have certain criminal convictions, you may still be eligible for a waiver if:
- You are the spouse, child, or parent of a U.S. citizen or permanent resident, and
- Refusing your admission would cause them extreme hardship
This waiver is typically not granted for serious or violent crimes, but there are exceptions:
- A single offense for simple possession of 30 grams or less of marijuana
- A conviction over 15 years old, if you can show rehabilitation and that your admission would not be against U.S. interests
3. Public Charge Concerns (Economic Grounds)
If you are found likely to become a public charge, you may request a waiver by:
- Submitting a valid affidavit of support, and
- Posting a financial bond as required by USCIS
This waiver helps demonstrate that you will not rely on public assistance upon entry.
4. Fraud or Misrepresentation
If you were found inadmissible for misrepresenting a material fact or using fraudulent documents, a waiver may still be available if:
- You are the spouse or child of a U.S. citizen or green card holder
- Denial of your admission would result in extreme hardship to that relative
In some cases, improper travel documents may also be excused if you genuinely did not know about the error.
5. Unlawful Presence
If you were unlawfully present in the U.S. for:
- More than 180 days, or
- One year or more,
You may be barred from reentry. However, you may apply for a waiver if:
- You are the spouse, parent, or child of a U.S. citizen or lawful permanent resident, and
- Your removal would cause extreme hardship to that qualifying relative
Additionally, battered spouses or children under VAWA may request a waiver if they can demonstrate a connection between their unlawful presence and the abuse or cruelty they endured.
Why Choose Khashmati Law for Your Waiver Case
Waiver applications are complex, evidence-intensive, and highly discretionary. Success often hinges on how well your legal team can present your story, demonstrate hardship, and document your eligibility.
At Khashmati Law, P.C., we bring together legal experience, personal understanding, and compassion for every client. We’ll work with you to:
- Determine if a waiver applies to your situation
- Prepare and file a strong, complete waiver petition
- Gather evidence of hardship, medical or legal issues, and family impact
- Respond to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), if needed
Let’s Explore Your Options—Together
You don’t have to face this process alone. If you’ve been told you are inadmissible or are concerned about past issues affecting your immigration case, contact Khashmati Law, P.C. today to speak with an experienced immigration attorney in New York at 516-717-4757 or by scheduling a consultation.
We’ll listen to your story, explain your rights, and help you take the next step toward staying in the United States legally and securely.