Inadmissibility Waivers
- Qualifying Relatives: Some waivers require proving that a U.S. citizen or lawful permanent resident family member would suffer extreme hardship if the applicant is denied entry or removed.
- Evidence of Rehabilitation: If a waiver is sought for criminal grounds, demonstrating rehabilitation and good moral character is essential.
- Proof of Hardship: The applicant must provide compelling evidence of the significant impact their removal or inadmissibility would have on their family.
- Strong Ties to the U.S.: Evidence of employment, family connections, and community involvement can help strengthen a waiver application.
- Time Since the Violation: Some waivers require that a certain period has passed since the inadmissibility issue occurred before applying.
Available Immigration Waivers & Relief
Several types of waivers and reliefs are available, depending on the circumstances of the applicant’s inadmissibility or removal status.
I-601 Waiver (Waiver of Grounds of Inadmissibility)
The I-601 Waiver is used to overcome various grounds of inadmissibility, such as unlawful presence, criminal convictions, or fraud. To qualify, applicants must demonstrate that their U.S. citizen or green card-holding relative would suffer extreme hardship if they were denied entry.
I-601A Waiver (Provisional Unlawful Presence Waiver)
The I-601A Waiver is specifically designed for individuals present in the U.S. who need a waiver for unlawful presence before applying for a visa abroad through consular processing. This waiver allows applicants to stay in the U.S. while their case is processed, reducing family separation time.
I-212 Waiver (Permission to Reapply for Admission After Deportation)
If an individual has been previously deported or removed, they may need an I-212 Waiver to request permission to re-enter the U.S. before the standard waiting period expires. This waiver is often necessary for those seeking lawful re-entry after a prior removal order, or if they have an outstanding removal order.
Frequently Asked Questions
A: Processing times vary depending on the type of waiver and the applicant’s circumstances. Some waivers take several months, while others may take over a year.
A: It depends on the type of waiver. Some applicants may remain in the U.S. while awaiting a decision, while others must leave and complete the process abroad.
A: If your waiver is denied, you may have the option to appeal, file a motion to reopen, or reapply with stronger evidence. Consulting an immigration attorney is critical in these cases.
A: While not legally required, having an experienced immigration attorney greatly improves your chances of success by ensuring all legal arguments and supporting documents are properly presented.
A: Yes. Many waivers, if approved, remove barriers to obtaining a green card, allowing applicants to proceed with their immigration process.
