Waivers

What Is an Immigration Waiver?

An immigration waiver is a legal mechanism that allows individuals the opportunity to overcome certain grounds of inadmissibility that would otherwise prevent them from entering the United States or obtaining immigration benefits.

When you apply for a visa, a green card, or other immigration benefit, U.S. immigration authorities review your background to determine if you are admissible to the United States. If they find grounds that make you inadmissible, a waiver may be able to provide the relief you need to move forward with your immigration goals.

Common Categories of Inadmissibility Where Waivers May Apply

• Criminal Background: If you have certain criminal convictions in your past, you may be considered inadmissible to the United States. Waivers are available for various criminal grounds, though eligibility depends on the specific nature and severity of the offense.
• Fraud and Misrepresentation: Previous misrepresentations to immigration authorities or attempts to obtain benefits through fraud can result in inadmissibility.
• Unlawful Presence: Individuals who have accumulated unlawful presence in the United States may face bars to admission. The I-601A provisional waiver is an example of a waiver that allows certain individuals to apply for forgiveness before leaving the United States for consular processing.
• Health-Related Grounds: Certain medical conditions can make you inadmissible. Waivers may be available depending on the specific health issue and whether it poses a public health concern.
• Immigration Violations: Previous deportations, illegal entries, or other immigration violations can create barriers to future immigration benefits.
• Public Charge Grounds: If immigration authorities determine that you are likely to become dependent on government assistance, you may be inadmissible on public charge grounds.

The Waiver Application Process

The waiver process requires careful documentation and intentional legal strategy. You must demonstrate that:

• You qualify for the specific waiver you are seeking;
• You meet all eligibility requirements for that waiver;
• Approval would serve humanitarian purposes, family unity, or other qualifying factors; and
• You deserve a favorable exercise of discretion.

Each waiver category has unique requirements, forms, and standards for supporting evidence. This process often involves strict deadlines and detailed documentation requirements.

The Value an Immigration Lawyer Provides in Navigating Waiver Applications

Comprehensive Case Evaluation

Our experienced immigration lawyers can conduct thorough assessments of your inadmissibility grounds and identify all available waiver options.

Strategic Application Preparation

We meticulously prepare waiver applications, ensuring every required document is included and properly presented.

Evidence Development

Waivers often require compelling evidence of hardship, rehabilitation, or other qualifying factors. We work with you to gather and present the strongest possible evidence supporting your particular case and circumstances.

Proactive Communication

Throughout the waiver process, we keep you informed of any developments and requirements. Our team provides regular updates and responds quickly to any requests from immigration authorities.

Appeals and Alternative Strategies

In the case that a waiver is initially denied, we can help you evaluate all options for appeals, motions to reconsider, or alternative immigration strategies to achieve your goals.

Explore Your Waiver Eligibility With Joseph & Hall P.C.

Past mistakes or circumstances do not have to derail your American dream. Contact our experienced immigration team today and find the legal help you need to approach immigration waivers with confidence.