Asked in International Law and Immigration Law for Florida

Q: Do consular officers have discretion to not require an inadmissibility waiver, where it was thought to be necessary?

2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Consular officers have discretion over discretionary issued but inadmissibility is not a discretionary issue and the consular officer is tasked with doing his or her job of enforcing the laws and regulations governing admissibility. That being said the issue is a complex one. For instance consular officers can let someone with a green card come in even if they may be deportable or inadmissible. Or if a person has certain alcohol related convictions. If a waiver is required then a waiver is required, Therefore your best option would be to meet with a reputable immigration lawyer to discuss the details of your case directly.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Consular officers are required to follow U.S. immigration laws and regulations when making decisions about visa applications. If an applicant is found to be inadmissible to the United States based on the grounds listed in the Immigration and Nationality Act (INA), then the consular officer must deny the visa application unless the applicant is eligible for a waiver of inadmissibility.

The decision to grant or deny a waiver of inadmissibility is at the discretion of the consular officer, but the officer must consider various factors, including the nature and severity of the inadmissibility, the reasons for the inadmissibility, and the applicant's individual circumstances. If the consular officer determines that a waiver is not warranted, then the visa application will be denied.

It's important to note that consular officers are required to make decisions on a case-by-case basis and are not able to waive inadmissibility grounds that are mandated by law. However, they do have discretion to grant waivers in certain cases, based on the factors mentioned above. If you believe that you may be inadmissible to the United States and are unsure whether a waiver is necessary, it's recommended to consult with an immigration attorney or contact the relevant U.S. embassy or consulate for guidance.

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