When individuals are inadmissible to the United States, there are options. Completing a waiver application may allow for admission despite visa overstays, three and ten year bars and other grounds.
U.S. law allows green card applicants to seek waiver of a finding of inadmissibility, meaning refusal of the green card, for the following reason:
Health related grounds (INA 212(a)(1).
Certain criminal grounds of indmissibility (INA 212(a)(2)).
Immigration fraud and misrepresentation (INA 212(a)(6)c).
Immigrant membership in a totalitarian party (INA 212 (a)(3).
Alien smuggler (INA 212(a)(6)(E)).
Being subject to a civil penalty (INA 212(a)(6)(F)).
The 3-year or 10-year bar due to previous unlawful presence in the United states (INA 212(a)(9((B).
Even if you have been removed or deported under INA 212(a)(9)(A) or INA 212(a)(9)(C) from the United States you may be eligible to apply for Consent to Reapply for Admission.
Finally, if you are seeking admission to the U.S. as a non-immigrant and you have been refused because of criminal activity earlier in life, you may be able to seek a waiver of the refusal INA(d)(3). Certain criminal grounds of inadmissibility can be waived. Once a waiver is granted, it may be for only one year and then it will have to be renewed. The applicant must apply for renewal before the expiration date in order that the initial waiver does not expire.
The waiver application and process can be complicated and the assistance of an experienced immigration lawyer cannot be overvalued. But, even if your visa has been refused for one of the above, or other, reasons, it’s too soon to give up.