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ALIEN SMUGGLING INADMISSIBILITY

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INA §212(d)(11) Waiver Factors #

Once a person has met these requirements, she then must convince the adjudicator to grant the waiver because of one or more of the following grounds:

  1. for “humanitarian purposes”
  2. to “assure family unity” or
  3. When it is “otherwise in the public interest”

NO WAIVER EXISTS FOR SOMEONE WHO #

• assisted someone other than, or in addition to, her own son/daughter, parent, or spouse;

• seeks to immigrate through the fourth preference category (siblings of U.S. citizens);

• seeks to immigrate through a work visa;

• must establish good moral character; or

• applies for some other form of relief (although certain forms of relief have general waivers that may apply, see Section II(A)(2).

WAIVER EXISTS FOR #

A limited waiver exists for the alien smuggling ground of inadmissibility. There are two basic requirements for this discretionary waiver:

  1. A lawful permanent resident who temporarily traveled abroad voluntarily (not under an order of deportation or removal), and is otherwise admissible;
    • OR
  2. A person applying for a green card based on a family-based petition (including immediate relatives or through a first, second, or third preference visa petition—but not through a fourth preference visa petition for brothers and sisters of U.S. citizens).

Additional Requirement #

The person must have smuggled only her spouse, parent, son, or daughter (and no other individual). These are the basic eligibility criteria for the inadmissibility waiver.

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