Help from a Miami Non-Immigrant Visa Lawyer
People from countries in the Visa Waiver Program are allowed to travel to the U.S. without visas and stay up to 90 days to visit or for business purposes. Forty countries are participants in the Visa Waiver Program. People from those countries can apply through the Electronic System for Travel Authorization (ESTA) to receive an approved travel authorization, but they don’t have to apply for a visa at a U.S. Consulate or Embassy. However, an authorized visitor from a visa waiver country can lose their legal ESTA authorization if they violate the conditions. Recently, a Miami immigration lawyer from Pozo Goldstein successfully won a Miami non-immigrant visa and a waiver of inadmissibility on behalf of a man who lost his ESTA travel authorization.
Man Receives Non-Immigrant Visa and a Waiver of Inadmissibility
On Sept. 12, 2022, a Miami immigration lawyer at Pozo Goldstein represented a man from Spain and helped him obtain a non-immigrant visitor visa and a waiver of inadmissibility. The man had previously entered the U.S. with an ESTA legal authorization but lost it when he was arrested for resisting arrest. Because of Pozo Goldstein’s successful representation of the man, he now has a non-immigrant visitor’s visa and is free to enter the U.S. without any problems.
Understanding ESTA Authorization
ESTA is available to business and personal travelers from any of the 40 countries that participate in the Visa Waiver Program. In exchange, U.S. citizens are also allowed to travel to those countries without needing to secure non-immigrant visitor visas. People who wish to travel to the U.S. submit applications for travel authorization through the ESTA system and receive real-time decisions. Even if they are granted travel authorization through ESTA to board a plane for the U.S., they must still meet eligibility criteria for the program when they reach a port of entry. Those who are denied must apply for visas at a U.S. Consulate or Embassy and must not have any grounds of inadmissibility and meet other criteria to receive them.
Non-immigrant visas are issued to allow people from other countries to temporarily visit the U.S. There are many different types of non-immigrant visas available for students, visitors, business travelers, diplomats, and more. To secure a non-immigrant visa, people must apply at a U.S. Consulate or Embassy in their home countries, submit documents, and meet other criteria before they will be approved. The process involved in securing a non-immigrant visa can be lengthy and complex. Pozo Goldstein regularly helps people understand the types of non-immigrant visas for which they should apply and assists them with gathering and submitting the appropriate supporting documents they will need to gain the correct visas.
Since the man lost his ESTA authorization based on his arrest for resisting arrest, he was required to secure a non-immigrant visitor’s visa to travel to the U.S. However, since he had a ground of inadmissibility based on his arrest, he first had to secure a waiver of inadmissibility to be approved for a Miami non-immigrant visa.
Waivers of Inadmissibility
People who have certain issues in their backgrounds can be denied visas based on grounds of inadmissibility. Some of these grounds of inadmissibility include the following:
- Criminal record
- Falsely claiming to be a U.S. citizen
- Certain health conditions
- National security violations
- Prior removals/unlawful presence
If someone is deemed inadmissible because of any of these issues in their past, they can’t enter the U.S. or receive a visa without first securing a waiver of inadmissibility. A waiver of inadmissibility is granted when the U.S. government agrees to forgive the applicant’s inadmissibility and allow them to enter the U.S. Securing a waiver of inadmissibility can be difficult and should generally be handled by a Miami immigration law attorney.
Talk to an Experienced Miami Immigration Lawyer
If you have been deemed inadmissible and want to travel to the U.S. on a non-immigrant visa for a temporary visit, you should talk to the attorneys at Pozo Goldstein. Choosing the right immigration lawyer to secure a waiver of inadmissibility and a visa is critical. As our recent success demonstrates, we understand how to help our clients secure waivers of inadmissibility and non-immigrant visas. Call us today for a free consultation at (305) 856-0400.