If you are seeking to immigrate to the United States but have a blemish on your record, you can seek immigration waivers as you apply for a U.S. visa or green card. An immigration waiver is a “pardon” of sorts that indicates you have already dealt with a situation and still deserve to immigrate to the United States despite a situation in your past.
If you are currently in the U.S. and want to avoid deportation, you may also seek an immigration waiver. For example, if you are convicted of a lower level criminal offense that may result in deportation, you can seek an immigration waiver and stay in the United States.
Some immigration waivers are automatic; however, others are dependent upon the discretion of the USCIS. You should work with an immigration lawyer to obtain an immigration wavier for yourself or a loved one who may be threatened by deportation.
At Solano Law Firm, we believe that people deserve a second chance. That’s why we are proud to assist our clients with their diverse immigration waiver claims. To learn more about immigration waivers and how they may help you reach your immigration goals, contact us today.
U.S. Immigration Authorities Offer a Variety of Waiver Programs
At Solano Law Firm, we meet with many people that fear that lawful immigration into the United States is an impossibility, due to mistakes they’ve made in the past. However, many are surprised to discover that they’re eligible for an immigration waiver that helps them restart their journey towards obtaining a green card or U.S. citizenship. U.S. immigration authorities offer a variety of waiver programs, including the following:
An I-212 waiver allows immigrants who are otherwise barred by a five, ten, twenty-year or permanent bar to re-enter the United States. These immigration bars are typically triggered by a previous deportation or removal proceeding, an aggravated felony conviction, or other immigration law violations.
Sometimes, applicants will concurrently apply for an I-601 waiver. If approved, an I-212 waiver may permanently waive your immigration bar, giving you the option of reapplying for an immigrant or non-immigrant visa. However, you will still need to prove that you’re eligible for this visa and apply for new immigration documents.
Not all immigrants qualify for entry into the U.S. If USCIS has determined that you’re inadmissible, due to concerns about your health, security risk, past deportations, or your financial ability to support yourself, you may still qualify for an I-601 waiver. Typically, you must show that you have a U.S. citizen or permanent resident spouse or parent who will suffer extreme hardship if you cannot enter the U.S. You must file an I-601 waiver while you’re outside the U.S. and complete consular processing before re-entering the country.
If you have a family member who is a U.S. citizen or lawful permanent resident (green card holder), and you’re already in the U.S., an I-601A waiver may let you remain in the country while you sort out your immigration issues. Again, you will have a U.S. citizen or permanent resident spouse or parent who will suffer extreme hardship if you depart the U.S.
These programs are incredibly powerful, but USCIS doesn’t approve every single waiver application. In fact, it’s very difficult to get a waiver approval. You will need to devote significant time and effort, proving that your case is compelling and that you have strong reasons meriting an immigration waiver.
How Do I Apply for an Immigration Waiver?
Before you apply for an immigration waiver, it’s important to consult with an experienced immigration attorney who can help you understand your options and likelihood of success. Based on your unique circumstances, your attorney can help you create a strategy that is practical, efficient, and compelling.
Once you’ve identified the best possible immigration waiver program for your case, you will need to file a variety of legal documents with USCIS, including the correct waiver application form, supporting evidence, and other information.
While you can apply for certain waivers at a port of entry with Customs and Border Protection (CBP), others require extensive filings before you attempt to re-enter the United States. You will also have to pay application fees, provide biometric data, and may have to reapply for a valid visa before re-entering the country.
Which Immigration Waiver Is Right for Me?
Before you apply for immigration waiver, it is in your best interests to consult with an attorney. Each immigrant and immigrant family’s circumstances are different. Depending on your country of origin, your family’s needs, and the reasons that you’re barred or inadmissible from entering the United States, you’ll have different legal options.
You should never rely on advice from a non-attorney or the Internet when you’re dealing with the USCIS and an immigration waiver. Even a simple mistake can add unwanted complications, delays, expenses, and other challenges to your immigration journey.
For example, if you’re inadmissible for multiple reasons, an I-601A waiver is probably not your best option. If you have multiple issues on your record that prevent your admission into the United States, it is highly unlikely that USCIS will approve your I-601A application. If it’s denied, you’ll lose all of the money you’ve paid in processing and legal fees, and you may face deportation or removal.
At Solano Law Firm, we understand that you deserve personalized attention and advice. That’s why we spend time with our clients, getting to know them, investigating their claims, and building practical and comprehensive immigration strategies.
We Can Help With Immigration Waivers
If you are trying to immigrate to the U.S. but have a blemish on your record, you can seek an immigration waiver as you apply for U.S. visa or a green card. Contact Solano Law Firm, LLC today to learn more about how we can help.