Waivers of Inadmissibility
We assist prospective immigrants and their family members applying for family-based immigrant visas or K1 fiance visas immigrate to the United States who are inadmissible for a variety of reasons. Waiver applications can be very complicated and are not easily navigated without the assistance of an experienced immigration attorney.
New USCIS Regulation for Unlawful Presence Waivers
On January 6, 2012, the USCIS published notice of it's intent that would allow unlawful immigrants to apply for a provisional waiver of the 3 or 10 year bars prior to departing the U.S. If you are unlawfully present in the U.S. and would like to know if you may apply for a provisional waiver please complete our free case evaluation form today. Read this article for more information on the new regulation.
How Do I Know If I Need a Waiver?
There are several reasons a prospective immigrant visa or K1 visa applicant may need a waiver. Some people know they require a waiver because they have been removed or deported from the United States or have been told they require a waiver. In other cases it is not as clear and many applicants are quite surprised when they attend their visa interview only to be told they are inadmissible and cannot enter the U.S. without a waiver. The following is a list of some of the most common reasons prospective immigrants or K1 visa applicants may need a waiver:
- The applicant was unlawfully present in the U.S. for more than 180 or 365 days
- The applicant was deported or removed from the U.S.
- The applicant was convicted of a serious crime
While there are several possible reasons an applicant might be inadmissible to the United States these are the most common grounds of inadmissibility. If you believe that you or your family member may be inadmissible and you are planning to file an immigrant visa petition or K1 visa petition it is important that you prepare to address this issue as soon as possible.
Get Help With Your Waiver Application
If you or your family member is inadmissible to the United States and requires a waiver or you are unsure whether or not you require a waiver please contact us today for your free initial email consultation.
Types of Waiver Cases We Can Assist With
While we handle a variety of different kinds of waiver cases, the focus of our waiver practice involves the types of waiver cases most commonly faced by family-based immigrants or K1 visa applicants. Our waiver services include:
- I-601 Criminal Waivers. We assist clients prepare and properly document I-601 waiver cases for those requiring a waiver of a criminal grounds of inadmissibility
- Expedited Removal Cases. We assist clients who have been found inadmissible, ordered removed from the U.S. under expedited removal proceedings and must file an I-212 requesting consent to apply for admission to the U.S.
- 3/10 Year Bar Waivers.We assist clients who are subject to the 3 or 10 year bar as a result of unlawful presence in the U.S.
Do I Need An Attorney to Apply for a Waiver?
There is no legal requirement that you have an attorney represent you in your waiver application. However, waiver applications are very complicated, require intimate knowledge of the evidentiary requirements that must be established and the procedures for filing the waiver application.
Approval of a waiver application is entirely within the discretion of the adjudicating officer. Waiver applications which are not properly documented with very strong and convincing evidence are routinely denied and in many cases there is no appeal of a waiver denial.
Many people mistakenly believe that apply for a waiver is simple because the I-212 and I-601 seem relatively simple to fill out. However, this belief is misplaced because waiver applications are rarely denied because of defects in the form--waiver applications are approved or denied based on whether or not the applicant meets the strict evidentiary requirements and convinces the adjudicating officer that the applicant meets the applicable standard for granting the waiver.