Waivers

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Applicants for lawful permanent residence may obtain waivers of certain criminal conduct, immigration fraud, unlawful presence, and other immigration violations by showing extreme hardship to their lawful permanent resident or US citizen spouses or parents. Criminal waivers applicants may also show extreme hardship to their children, however serious criminal convictions may make an applicant ineligible to apply for a waiver. Extreme hardship can be shown by long residency in the United States, strong family ties in the US, and medical issues that can’t be properly treated in the client’s home country. Waivers are a complex area of immigration law which should be handled by an experienced immigration attorney. 

With an Effective Immigration Lawyer, individuals can explore the options for a I-601 Waiver, and I-212 Waiver. We can help you develop a strong case in order to overcome inadmissibility. 

Common Grounds for Inadmissibility

The following are some of the most common circumstances which may lead to a person being considered inadmissible to the U.S:

  • Criminal Convictions/Arrests

  • Previous Deportation

  • Overstay

  • Entry Without Inspection (EWI)

Immigration Waivers

Here’s a concise guide to the most common types of immigration waivers and their requirements.

I-601 Waiver

The I-601 waiver is used by immigrants to overcome various grounds of inadmissibility, including:

  • 212(a)(9) bar for visa overstays or entering without inspection (EWI).

  • Criminal grounds such as crimes involving moral turpitude (CIMT) and multiple criminal convictions.

  • Fraud or misrepresentation to gain immigration benefits.

Regulations may allow certain individuals to file an I-601 waiver without leaving the U.S., making it even more critical to consult an Effective Immigration Attorney to explore this option.

Purpose: Allows individuals deemed inadmissible to request forgiveness for specific grounds of inadmissibility, including criminal convictions, immigration violations, health-related issues, and more.

Eligibility: Must demonstrate that denial would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.

I-212 Waiver

The I-212 waiver is for individuals who have previously been issued a deportation order. It applies to both immigrants and non-immigrants. If voluntary departure was granted and the individual complied with the departure order, this waiver may not be required.

Key Points for Each Waiver Type

  • Extreme Hardship: For both I-601 and I-601A waivers, demonstrating “extreme hardship” to a qualifying U.S. relative is crucial. This may include considerations such as health issues, financial difficulties, and family separation. The standard for extreme hardship is subjective and varies case-by-case.

  • Stateside Processing: The I-601A waiver introduced stateside processing, which allows applicants to stay in the U.S. while awaiting the waiver decision, thus keeping families together.

Proper formulation of a waiver application is essential in obtaining the waiver. The more serious the criminal or immigration violation is, the more difficult it is to obtain the waiver.

 Why Choose Our Firm?

  • Personalized Service: We understand that every family is unique, and we tailor our approach to meet your specific needs.

  • Expert Legal Guidance: Navigating multiple forms, deadlines, and legal requirements can be overwhelming—our team provides clear guidance at every step.

  • Proven Track Record: We have successfully helped numerous clients reunite with their loved ones and secure their place in the U.S.

  • No Hidden Fees: Transparent pricing and dedicated support ensure you are informed throughout the process.