Inadmissibility Waivers

Inadmissiblity waivers are adjudicated by the Admissibility Review Office in Virginia, and the adjudication standards are laid out in the Board of Immigration Appeals case, Matter of Hranka. In short, the reasons for seeking a waiver need not be “compelling.” The Hranka case lays out a three part balancing test for adjudications is applied for adjudications:

(1) The risk of harm to society if the applicant is admitted

(2) The seriousness of the underlying cause of the applicant’s inadmissibility

(3) The nature of the applicant’s reason for wishing to enter the United States.

Interestingly, the Admissiblity Review Office, which is roughly five years old, says it applies the following standards of review, which appear to be a reasonable extension of the caslaw:

(1) The nature of the offense
(2) The circumstances which led to the offense
(3) How recently the offense occurred
(4) Whether it was an isolated incident or part of a pattern of misconduct
(5) Evidence of reformation or rehabilitation.

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