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Certain individuals with criminal convictions may apply for a discretionary waiver of inadmissibility if they have a qualifying USC or LPR spouse, parent, or
Certain individuals with criminal convictions may apply for a discretionary waiver of inadmissibility if they have a qualifying USC or LPR spouse, parent, or child. However, individuals who have triggered the 3 or 10-year bar for unlawful presence may only apply for this waiver if they have a USC or LPR spouse or parent. If the non-citizen has a USC or LPR child or children, (s)he will not qualify for the waiver. Is this just? Should there be a distinction?
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