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If you have a criminal record or have been “red flagged” at any USA border crossing you may not be allowed entry into the US. The Immigration and Nationality Act stipulates a number of crimes involving moral turpitude which may deem you inadmissible to enter. To avoid any surprises at border crossings you can apply for a waiver to enter the US.
The factors which are considered in such applications come from a 1978 immigration court case decision in the Matter of Hranka and include:
- the risk of harm to society if a waiver application is admitted;
- the seriousness of an applicant’s prior record, if any; and
- the nature of the applicant’s reason for wishing to enter the
While the immigration authorities can deny the waiver for almost any reason, they can just as easily approve a waiver application on discretionary grounds. It is best for a lawyer to pen these arguments on your behalf and increase your chances of success.