Waivers
What are they?
Waivers help individuals who are not permitted by law to enter or stay in the United States. Waivers help these individuals overcome this obstacle.
Who needs them?
Waivers are necessary for immigrants who are inadmissible. To be inadmissible means that one is not permitted to stay or enter the US lawfully. This comes up when an individual applies for an immigration benefit, such as a visa or changing of status. If the person applying is found inadmissible, he/she will be denied that benefit. These individuals are not permitted to stay or enter the U.S. Some common ways an individual is inadmissible include reasons due to health, criminal background, fraud or misrepresentation, and unlawful presence.
Common types
There are numerous types of waivers, with each having a unique application process. Click on the pertinent link below to learn more about the type of waiver you might need:
- Waiver of Inadmissibility (outside US) (I-601)
- Extreme Hardship Waiver (stateside waiver) (I-601a)
- Unlawful Presence Waiver (212a)
- Criminal Record Waiver (212h)
- Admission into US after Deportation or Removal
- Fraud/Misrepresentation Waiver
- Health-Related Waiver
- Smuggling Waiver
How can we help
This is a complex area of immigration law. We strongly advise that you find an experienced, competent attorney to help you with your case
Before hiring an attorney, inquire whether or not that attorney has represented clients with waivers in the past and if they have experience with your country. This will help you know what kind of service to expect. Not all attorneys have the same experience with waivers.
Powers Law Group, P.C. has experience with many waivers from the following countries to name a few: Mexico, El Salvador, Romania, Guatemala, Japan, Nigeria, England, Honduras, and Qatar.
For more information, contact our immigration lawyers and asylum attorneys.
Success Stories
Provisional Waiver I-601A Mexico – April 2016:
Same-sex couple without childrenProvisional Waiver I-601A Mexico-August 2014:
Married couple with no children have waiver approved in less than 2 months!I-212 Waiver El Salvador – March 2014:
Client found inadmissible during consular interview was approved in less than 2 months!Provisional Waiver I-601A – Mexico – July 2014:
Married couple had waiver approved in 4 Months.Provisional Waiver I-601A – El Salvador – August 2014:
Married couple with previous waiver denial gets approved in 3 monthsProvisional Waiver I-601A waiver – August 2014:
Clients with no children have waiver approved in 2 months!I-212 Waiver-March 2014:
Client from El Salvador was approved in less than 2 monthsWaiver of Inadmissability – I-601 Waiver
Who needs this waiver?
Anyone who has been found inadmissible by a Consular Office during an immigrant visa interview, by an immigration officer during immigrant visa interview inside the US, and/or by an immigration court AND who has an immediate relative that is a US citizen or lawful permanent resident
This is a general type of waiver that can be used to overcome multiple categories of inadmissibility. These waivers are filed outside the US. The most common reason this waiver is used is for unlawful presence.
Benefit of this waiver
An immigrant might be able to be eligible to apply for a green card (legal permanent residency) and only be outside the US for a short period of timeWhat’s needed to apply?
The person applying for the waiver must have a US citizen or LPR relative, such as spouse, child or parent
The person applying must show that if they are not allowed to stay in the US, their US citizen or LPR relative would suffer “extreme hardship”
How long does it take to apply?
Processing time is about 6 to 9 months when the client is outside the USExtreme Hardship Waiver – I-601(a) Waiver
Who needs this waiver?
This is similar to the waiver above, but it can be filed in the US. This means that the person applying will be able to travel to the consulate already knowing whether or not he/she has been granted a waiver
What’s needed to apply?
The person applying must have a US Citizen or LPR parent or spouse
The person applying must show that person would suffer extreme hardship if the immigrant were not allowed to stay in the U.S.
How long does it take to apply?
As of May 2016:
- I-130 processing for an immediate relative – approximately 6 months
- I-130 Approval to Fee Receipts from NVC – about 2 months
- I-601A waiver – 3-5 months with a well-prepared clean case
- I-601A waiver approval to Consulate acknowledgement of approval – 1 month
- NVC process – 2-3 months – can be done while the I-601A is pending or if more conservative, wait until the waiver is approved.
- Wait for an interview at the US Consulate – depends on the consulate – For example, 1 month for Mexico, 2 months for El Salvador
- Time out of the US to attend the visa appointment and finalize medical exam – 10 days to 3-4 weeks
What is “extreme hardship”?
Health:
Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or-short-term.Financial Considerations:
Future employability; loss due to sale of home or business or termination of professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents); impact on credit history and its effect on future relocation; college loans; child support and alimony, etc.Education:
Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of currentprogram; requirement to be educated in a foreign language or language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.Personal Considerations:
Close relatives in the United States and/or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.Special Factors:
Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.Any other situation:
that the applicant feels may help meet the burden of extreme hardship. The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative – not to the applicant.Learn More
Any other situation:
Unlawful Presence Waiver
Who needs this waiver?
Individuals who have spent a certain amount of time in the US without legal status and then left the country.
If an immigrant was in the US for more than 180 days but less than 1 year and then leave the US, that person will be barred from entering for 3 years.
If an immigrant was in the US for more than 1 year and then leave, that person will be barred from entering for 10 years.
An unlawful presence waiver can help someone stay in the US even if they fit the above categories.
There is also a permanent bar for some individuals.
What’s needed to apply?
The person applying must have a US Citizen or LPR parent or spouse
The person applying must show that person would suffer extreme hardship if the immigrant were not allowed to stay in the U.S.
Excellent legal counsel to help prove your case
Criminal Record Waiver
Who needs this waiver?
Any immigrant with a criminal background might need this waiver. Depending on the crime charged, even without a conviction, an immigrant may not be allowed to remain in the US. Even relatively minor offenses in the eyes of a criminal defense attorney could have serious consequences under immigration law.
What’s needed to apply?
This is a very complex area of immigration law. The immigrant must fit certain criteria. Therefore, we strongly advise any person with a criminal background to seek a competent, experienced immigration attorney.
Admission into US after Deportation or Removal
Who needs this waiver?
Individuals who have been deported or removed from the US, OR
Individuals who departed the US after a voluntary departure order expired
What’s needed to apply?
Form I-212
A statement from the individual applying explaining why he/she should be permitted to re-enter the US and evidence to support that statement
Fraud/Misrepresentation Waiver
Who needs this waiver?
An individual who gave false information to an immigration official or on an immigration application
What’s needed to apply?
To show you have US citizen or LPR spouse or parent who would suffer extreme hardship if the immigrant was not allowed to stay in the US
Health-Related Waiver
Who needs this waiver?
An individual who has a communicable disease, physical or mental disorder which threatens the safety of others, drug abusers or addicts, or individuals who have failed to vaccinate against certain vaccine-preventable diseases.
There is no waiver for drug abusers and addicts
What’s needed to apply?
This is a complicated area that is best discussed in person with a competent immigration attorney
Smuggling Waiver
Who needs this waiver?
Anyone who has aided, assisted, encouraged another person to enter the US unlawfully. This can be as simple as sending money to a relative or encouraging a relative to cross the border unlawfully.
What’s needed to apply?
The applicant must fit certain criteria.
The person who he/she was smuggling must have been a spouse, parent, son or daughter
Call Powers Law Group, P.C. at (713) 589-2085 or write [email protected] for assistance today
