Our office specializes in the preparation and filing of various immigration waivers also referred to as pardons. Waivers can help immigrants overcome specific immigration violations. There are different grounds of inadmissibility and in some cases corresponding waivers that immigrant and non-immigrant visa applicants, as well as immigrants that apply for permanent residence (green card), can apply for to overcome inadmissibility and ineligibility issues. Some of the most common grounds of inadmissibility include accrual of unlawful presence, immigration fraud or misrepresentation of a material fact, criminal and related grounds, and certain health-related grounds, to name a few. Additionally, in some cases an immigrant in removal proceedings may apply for a waiver to seek relief from removal. Certain waivers require that the immigrant demonstrate that his or her denied admission would result in extreme hardship to a qualifying relative, or in limited cases, to the immigrant applicant. Special waiver provisions are also available for asylees and refugees.
Determining if you need and qualify for a particular waiver is a complicated process. It is extremely important that a waiver be prepared by an experienced law firm that knows exactly what is needed to obtain an approval. We know that the lives and well-being of families depend on a positive outcome. Our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver.
If you are not sure what type of immigration waiver you need call (404) 816-8611, our attorneys are ready to answer your questions.
At the bottom of this page have a link to the types of Waivers:
The I-601 Waiver
The I-601 waiver can help visa or adjustment of status applicants overcome a variety of inadmissibility grounds in order to admit them into the United States based on extreme hardship. To apply for this waiver, the applicant must submit evidence that he or she qualify for the waiver and that their denial of admission to the United States would cause extreme hardship to their qualifying U.S. legal citizen or permanent resident, spouse or parent, or in limited cases, to the immigrant applicant. Evidence can include:
- Family relationship or familial ties to the United States;
- Emotional and or financial impact of separation or relocation;
- Medical conditions and quality of healthcare; or
- Significant strain on quality of life, social conditions, economic conditions, etc.
The typical sections of the law requiring a waiver on Form I-601 application, include a 212(h) for criminal grounds, and 212(i) for fraud or misrepresentation.
Additionally, USCIS has made a provisional waiver, I-601A, for those found inadmissible due only to unlawful presence and are the immediate relative of a U.S. citizen or Permanent Resident Spouse or Parent. More information concerning the provisional waiver can be found below.
The I-601A Waiver- What it Mean and Who Can Use It
The I-601A Provisional Waiver is available for those who are present in the United States without lawful status and are eligible to pursue an immigrant visa (green card) at a U.S. Consulate abroad through a U.S. citizen or permanent resident and have a qualifying relative, U.S. legal citizen or permanent resident, spouse or parent. The provisional waiver process was implemented in 2013, and it allows the application to be filed in the United States before an applicant is required to depart for a scheduled immigrant visa interview at a U.S. consulate abroad.
Before the Provisional Waiver process began, an individual who entered the United States without inspection and was not otherwise eligible to adjust their status in the United States, was required to depart the U.S. to apply for an immigrant visa. At the time of the departure, the applicant would automatically be subject to a ten-year bar from reentering the U.S. resulting from the accumulation of a year or more of unlawful presence. The applicant would then be required to submit the waiver application at the time of the interview and wait a year for a decision as to whether the waiver and immigrant visa would be approved. The provisional waiver process eliminated the fear and anxiety associated with having to submit the waiver application after departing the United States.
To apply for this waiver, the applicant must submit evidence that he or she qualify for the waiver and that their denial of admission to the United States would cause extreme hardship to their qualifying relative, U.S. legal citizen or permanent resident spouse or parent. Evidence can include:
- Family relationship or familial ties to the United States;
- Emotional and or financial impact of separation or relocation;
- Medical conditions and quality of healthcare; or
- Significant strain on quality of life, social conditions, economic conditions, etc.
For the reasons above, it is extremely important that a waiver be prepared by an experienced law firm that knows exactly what is needed to obtain an approval. We know that the lives and well-being of families depend on a positive outcome.
The I-212 Waiver
The I-212 waiver under Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act allows immigrants to apply for readmission into the United States after having been previously removed and before they have met their statutory period of stay outside of the United States. Foreign nationals who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specified period:
- 5 years for individuals removed through exclusion or through removal proceedings initiated upon the person’s arrival into the U.S.
- 10 years for those otherwise ordered removed after a deportation hearing or who departed the U.S. while an order of removal was outstanding; and
- 20 years for a second or subsequent removal.
Foreign nationals who have been unlawfully present for more than one year, or who have been ordered removed, and who re-enter or attempt to re-enter without being admitted, are permanently inadmissible. They must file the I-212 waiver for permission to reapply for admission but may only do so if 10 years have passed since their last departure from the United States.
It is extremely important that a waiver be prepared by an experienced law firm that knows exactly what is needed to obtain an approval. We know that the lives and well-being of families depend on a positive outcome.
Non-Immigrant Waiver
The 212(d)(3) waiver for Non-Immigrants is available to foreign nationals seeking to enter the United States on a temporary basis who have been deemed inadmissible pursuant to one or more grounds of inadmissibility. Section § 212(d)(3) of the Immigration and Nationality Act can waive various grounds of inadmissibility for non-immigrants.
The criteria for granting a waiver under § 212(d)(3) includes:
- The risks of harm in admitting the applicant (the positive or negative effect, if any, on U.S. public interest);
- The seriousness of the acts that caused the inadmissibility; and
- The applicant’s reason for seeking entry.
Non-immigrant waivers pursuant to INA § 212(d)(3) may only be issued for a maximum period of 5 years at a time. They are typically issued for 6 months or 1-year periods. Non-immigrant waivers are filed either at the U.S. consulate with jurisdiction of your place of residence or at a U.S. port of entry.
It is extremely important that a nonimmigrant waiver be prepared by an experienced law firm that knows exactly what is needed to obtain an approval. We know that the lives and well-being of families depend on a positive outcome.
