Waivers Immigration Attorney
Phoenix AZ, Skokie IL and Honolulu HI Offices serving all of US
An Application for a waivers immigration of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds.
The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility (grounds):
- Persons who enter the U.S. without being admitted or paroled at a port of entry or who overstay a valid visa, or the period of authorized stay expires.
- If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar) and have voluntarily left the United States (including voluntary departure), they may apply for a Waiver of Ground of Inadmissibility on Form I-601.
- Persons who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA, may apply for a Waiver of Ground of Inadmissibility on Form I-601
- Persons previously deported or given expedited removal must also file Form I-212, Application for Permission to Reapply for Admission (if eligible).
- Persons unlawfully present in the United States for an aggregate period of one (1) year who have exited the United States and re-entered without inspection (EWI) are not eligible to file Form I-601 to waive their unlawful presence.
- An applicant’s petition may be approved if they are the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiancé(e) of a U.S. citizen or the fiancé(e)’s child.
TYPES OF WAIVERS
Inadmissibility Waiver for an intending immigrant (601 Waiver) – Green card applicants (and those applying for a K-1 or K-3 visa) who are denied the visa either when applying at a U.S. Embassy or Consulate abroad or when adjusting status in the U.S. will be given the chance to file a 601 waiver if their ground of inadmissibility may be waived.
Typical grounds of inadmissibility that can be waived with a 601 waiver include a 212(a)(9) bar for a visa overstay (or for entering without inspection EWI). The overstay waiver can be used for both the 3 year bar (visa overstay of less than a year but more than six months) and a 10 year bar (visa overstay of more than a year).
Certain criminal grounds of inadmissibility that can be waived with a 601 waiver, pursuant to INA 212(h), including some crimes involving moral turpitude (CIMT) and multiple criminal convictions.
Any hardship the immigrant would undergo if refused a green card is usually ignored by the immigration laws; however, the likelihood of extreme hardship by his/her spouse, children, parent, or fiancé, who are U.S. citizens or lawful permanent residents of the U.S. may be considered.
Evidence showing the possibility of extreme hardships include:
- Affidavits from professionals or friends who know your family situation
- Police and other reports showing conditions in your home country
- Medical reports and records, and descriptions of the availability of treatment and medical care in the country in which you would have to relocate (as supported by a medical professional’s statement);
- Other evidence showing the unique impact of separation or relocation on your family.
Inadmissibility waiver for a temporary worker or visitor (212(d)(3) Waiver)– non-immigrants are subject to the same grounds of inadmissibility, non-immigrants do not file their waiver on form I-601. Instead, they file a 212(d)(3) nonimmigrant waiver either at a US Embassy or Consulate abroad or with a port of entry in the United States, depending on the situation. The 212(d)(3) waiver will either be filed informally or on form I-192. The waiver should be filed in person, and in advance of the anticipated date of travel.
The Attorney General shall determine whether a ground for exclusion exists with respect to a non-immigrant.
The Attorney General, in his/her discretion, may waive the application if the he/she considers it to be in the national interest to do so.
Nothing in this section shall be regarded as prohibiting the Immigration Service from instituting removal proceedings against an alien admitted as a non-immigrant for conduct committed after the alien’s admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien’s admission as a non-immigrant.
Deportation Waiver (I-212) – depending on the length of time that has passed, a prior deportation order may make a person inadmissible, a deportation waiver is usually filed on form I-212 for all applicants, whether they are applying for the deportation waiver along with an immigrant visa or nonimmigrant visa.
The purpose of this waiver is to obtain “consent to reapply for admission”, which is required before a foreign national can lawfully return to the United States.
J1 Waiver – The J1 cultural exchange visa program allows nonimmigrants to live and work in the United States for a short period of time (usually 12 – 18 months) in order to experience the American way of life and share their knowledge with fellow countrymen when they return home. Thus, as a general rule, J1 visa holders must return to their home country for at least 2 years after the J1 program ends. However, certain individuals can apply for a J1 waiver, which would eliminate the 2 year foreign residency requirement and allow them to remain in or return to the US.
Individuals may apply for a J1 waiver under the following statutory grounds:
- “No objection” statement from visitor’s home country;
- Request from an Interested U.S. Government Agency (IGA Waiver);
- Claim of persecution in home country if visitor returns;
- Claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if visitor returns to home country; or,
- Request from a designated State Health Agency
Fraud Waiver –God forbid, if someone is charged with misrepresentation or fraud, they face a lifetime bar UNLESS they win the INA 212(i) Fraud Waiver.
BUT NOTE: There are some situations where there is no waiver available. These include:
- Criminal offenses: murder, torture or conspiracy to commit murder or torture, a previously admitted lawful permanent resident who committed an aggravated felony after becoming a lawful permanent resident;
- Security related grounds: terrorist activity;
- Document fraud;
- Frivolous Asylum application
ILLINOIS OFFICE (CHICAGO AREA) 847-786-2599
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TEXAS OFFICE (HOUSTON AREA) 281-674-7658
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You Need an Immigration Lawyer for Your Waiver
An immigration lawyer with the right set of expertise and experience in Embassy and Consular visa matters is strongly recommended in filing for your waiver. It is to be noted that in filing a waiver, involved are serious legal considerations.
Apart from the required documents and forms, a strong legal brief is also called for. This legal brief outlines your legal argument, stating why your waiver should be granted.
With this, foreign nationals necessarily need the assistance of immigration attorney.
At The Gambacorta Law Office, we provide our clients with individualized, dedicated, and passionate legal service towards achieving their legitimate cause. We provide the best legal solutions for a clients, hailing from all walks of life.
If you want to know more about how we can help you with your Waiver, get in touch with us today!