Despite the difficult process of filing immigration papers, there are but a few reprieves. Immigration waivers help provide a shortcut for some applicants to get past certain requirements. Understanding how to use waivers to your benefit may require an educated professional who can educate you on how waivers work.
Immigration waiver lawyers are knowledgeable and well-educated on immigration laws. This is why discussing your particular case with your lawyer can be beneficial. Speak to a Boston immigration attorney today for a consultation at the law offices of IMM Solutions LLC now.
What Is An I-601 Immigrant Visa Waiver?
An I-601 Waiver, also known as a Waiver of Grounds of Inadmissibility, is a request made by an individual who is ineligible to enter or remain in the United States due to certain immigration violations or criminal convictions. To be eligible for an I-601 Waiver, immigration lawyers must first establish that you are inadmissible under one of the grounds listed in the Immigration and Nationality Act (INA).
These grounds include — but are not limited to — a criminal conviction, immigration fraud, misrepresentation, unlawful presence in the United States, and health-related grounds. The immigration judge must make sure you are eligible for your unlawful presence waiver.
Next, immigration attorneys must show that granting you a waiver is justified based on certain factors, including the hardship that would be caused to a qualifying relative. This can include a U.S. citizen or permanent resident spouse or parent if the waiver is not granted.
What Is an I-601A Immigrant Visa Waiver?
An I-601A Waiver is a type of waiver that allows certain individuals who are not eligible for lawful permanent resident status to apply for a waiver of inadmissibility before leaving the United States for their consular interview.
To be eligible for an I-601A Waiver, an individual must:
- Be at least 17 years old
- Have an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, filed on your behalf by a qualifying family member or employer
- Be able to demonstrate that your departure from the United States would result in extreme hardship to a qualifying U.S. citizen
- Have a lawful permanent resident spouse or parent
- Are physically present in the United States at the time of filing the waiver application
- Be otherwise eligible to apply for lawful permanent residence.
What Is an I-212 Immigrant Visa Waiver?
An I-212 Waiver is a type of waiver that allows individuals who have been previously deported or removed from the United States to apply for permission to re-enter the country. The I-212 Waiver is filed with USCIS or the U.S. Department of State, depending on the circumstances of the individual's case. The process for obtaining an I-212 Waiver can be complex and may involve providing extensive documentation and attending an interview with a consular officer.
To be eligible for an I-212 Waiver, an individual must:
- Have been deported, removed, or excluded from the United States
- Stayed outside the United States for a certain period of time (usually five years) after the deportation, removal, or exclusion
- Be able to demonstrate that re-entry would not be contrary to the national welfare, safety, or security of the United States
- Show a compelling reason for re-entering the United States, such as family ties or employment opportunities
- Meet any other requirements as determined by U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State
Other Types of Immigration Waivers
There are many types of waivers that you can apply for. Your immigration attorney can help you apply for the following:
This waiver is for individuals who are inadmissible due to a criminal conviction or other grounds and are seeking admission to the United States for a specific purpose, such as tourism or business. It allows them to overcome the grounds of inadmissibility and enter the United States temporarily.
The I-193 waiver is for individuals who are inadmissible due to certain immigration violations, such as overstaying their visas. They also must be seeking admission to the United States for a specific purpose, such as attending a family member's funeral. It allows them to overcome the grounds of inadmissibility and enter the United States temporarily.
This waiver is for individuals who are inadmissible due to a bar on entering the United States after having accrued unlawful presence in the country and who are seeking an immigrant visa.
Individuals who are ineligible for a nonimmigrant visa due to certain grounds of inadmissibility, such as a previous visa overstay or criminal conviction.
How to Apply for a Waiver
Immigration lawyers can help with applying for an immigration waiver and show you where to file it. Application requirements can vary depending on the type of waiver being sought, but in general, the process may involve the following:
- Step One: Your immigration waivers lawyer in Boston will help you determine the type of waiver you need and ensure you meet the eligibility requirements.
- Step Two: They will gather all necessary documentation to support your waiver request, including evidence of the qualifying relationship, hardship, or other relevant factors.
- Step Three: Your attorney will fill out and submit the appropriate application form along with the required filing fees.
- Step Four: You will need to attend any required interviews or appointments, such as an interview with a consular officer or USCIS officer.
- Step Five: Attorneys will respond promptly to any requests for additional information or evidence from the USCIS or consular officer reviewing your case.
- Step Six: You must then await a decision for your waiver request. This process can take several months or longer, depending on the type of waiver and the specific circumstances of your case.
- Step Seven: If your waiver request is approved, follow any instructions provided by the consulate for obtaining your visa or adjusting your status.
When applying for immigrant or nonimmigrant visas, you can speak to an attorney about how to obtain permanent residency. Visit our Boston office regarding your green card, labor certification requirements, and whether your waiver requires substantial intrinsic merit or skills of national interest.
Your immigration lawyer can guide you on the next steps to help with the basic requirements for immigration. Call IMM Solutions LLC now about your legal options regarding I-601 waivers and 1-601A provisional waivers.