A Guide to Immigration Waivers

Some of the non-residents who live in, or wish to come to the United States, are not permitted to do so because of what is known as “grounds of inadmissibility.”
 

Some others who are already in the United States and are permanent residents or green card holders can be stopped at the U.S. borders and be placed in deportation or removal proceedings because they have committed crimes while in the U.S. that may make them “inadmissible.”   
 

For some of these cases, waivers are available, which can overcome these grounds of inadmissibility once approved.

 

Naturally, you may have questions such as what is a 601 waiver? What next after I-601 waiver is approved? How long does a 601 or 212 H waiver take?

 

Below you will find the answer to these questions and more

Why are immigration waivers available?

 

Generally speaking, the waiver is not given to the person who has been deemed inadmissible, but to their parents, spouse, or children who will experience some form of extreme hardship if the individual is not allowed to return or be admitted as a green cardholder.

 

In other words, although this person has done something to make their return to the U.S., or obtaining residency, undesirable, there are other reasons, such as Extreme hardship to their immediate qualifying relative, that outweighs the desire to keep them out of the U.S.

 

Want to know if you Qualify
for an immigration waiver?

 

+1 818 382-3333+1 818 382-3333

 

What types of reasons are required for a waiver to be granted?

 

By and large, a waiver request is granted for one or more of the following reasons:

 

  • Promote family unity and provide humanitarian results;
  • Provide relief to refugees, asylees, victims of human trafficking and certain criminal acts, and other humanitarian and public interest applicants who seek protection or permanent residency in the United States;
  • Advance the national interest by allowing aliens to be admitted to the United States if such admission could benefit the welfare of the country;
  • Ensure public health and safety concerns are met by requiring that applicants satisfy all medical requirements before admission or, if admitted, seek any necessary treatment; and
  • Weigh public safety and national security concerns against the social and humanitarian benefits of granting admission to an alien.



    What happens after a waiver is approved? Your case will be sent to a U.S. consulate for an immigrant visa interview

SOME OF OUR WAIVER APPROVALS

Great Waiver Packages Result In Approvals

Want to know if you Qualify
for an immigration waiver?

 

+1 818 382-3333+1 818 382-3333

 

What are the types of immigration waivers available?

  • Waiver After a Previous Removal:
    This waiver allows those who were deported to re-enter, in certain circumstances
  • Waiver of Unlawful Presence – 601 or 601A Waiver:
    Those who have arrived illegally or remained here beyond their initial visas can be subject to what is generally known as 3 year / 10-year bar. For example, if someone arrived illegally and now is married to a U.S. citizen, this individual will not generally be able to obtain his or her green card in the U.S. and must leave the U.S. for n interview at the U.S. consulate. However, once they leave, they will be subject to either a 3 year or a 10-year bar from returning, unless a waiver has been approved in their case.
  • Waiver for Certain Crimes:
    If an individual has committed a crime this can render them inadmissible, which means if they already have a green card and then depart the U.S. they can come face to face with losing their green card upon their return; Alternatively, if someone does not have a green card but is otherwise eligible, they could be considered inadmissible and disqualified from being granted a green card due to having committed a crime in the past.  This type of waiver is available to those who can show extreme hardship to a qualifying relative, or hardship to themselves providing the crime occurred more than 15 years ago.
  • Waiver of Crimes of Moral Turpitude:
    Certain crimes, such as theft, are considered crimes of moral turpitude, or crimes that show the lower-then-desired morality of the person. Waivers are available for certain crimes of moral turpitude, based on the hardship to the qualifying relative.
  • Waiver of Possession of drugs.
    Waivers are available under certain circumstances to those who were convicted of marijuana possession.
  • Intentional Misrepresentation of a Material Fact
    Those who have previously misrepresented certain facts to the U.S. immigration or Consular authorities, care deemed inadmissible but may apply for a waiver based on extreme hardship to qualifying relatives.
  • Other Waiver for Nonimmigrants:
    Those who wish to come to the U.S. as a non-immigrant may apply for a discretionary waiver

 

 

Want to know if you Qualify
for an immigration waiver?

 

+1 818 382-3333+1 818 382-3333

 

Immigration Waiver FAQ:

How long does it take for a 601 Waiver to be approved?

In our experience, it varies, but between 6 months to 1 year is the normal time. 

 

What is next after my I-601A waiver is approved?

Your case will no have to undergo Consular processing at a U.S. Consulate overseas. 

 

How can I apply for a 601 waiver?

Although the form required for this type of request seems easy to fill out, it is your burden of proof to show you deserve such a discretionary relief, and in our experience, this is hard to do without professional help and guidance. 

 

What happens if a 601 Waiver or a 212 H waiver, or any other immigration waiver is denied?

You can appeal the decision, or re-file it with more evidence. Keep in mind that with each filing you may, and likely will, experience more resistance. It is best to put the best and strongest case the first time out.

 

 

 

 

 

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© Law Offices of Shawn S. Sedaghat The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any reason, person or entity whatsoever. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.