What Immigration Waivers Are

Immigration waivers help individuals overcome bars to entry or green card eligibility. An experienced immigration waiver lawyer can review your case, determine eligibility, and guide you through the application process. Waivers are often used for issues like unlawful presence, criminal convictions, or misrepresentation.

A waiver does not automatically guarantee approval, but it can make someone eligible to remain in or enter the United States despite past immigration problems.

Who May Need a Waiver

You may need a waiver if you:

  • Are barred from entering the U.S. due to unlawful presence or previous removals.
  • Have a criminal conviction that affects your immigration eligibility.
  • Made a mistake or misrepresented information on a prior application.
  • Are seeking a green card or visa but face legal obstacles.

Each case is unique. Waiver eligibility depends on the type of bar or issue and your personal circumstances.

Common Types of Waivers

  • I-601 Waiver: For individuals who are inadmissible due to unlawful presence, criminal history, or other grounds.
  • I-601A Provisional Waiver: Allows certain relatives to apply for a green card from within the U.S. before leaving for consular processing.
  • 212(d)(3) Nonimmigrant Waiver: For temporary visas when a bar would otherwise prevent entry.
  • Extreme Hardship Waivers: For cases where denial would cause severe hardship to a U.S. citizen or lawful permanent resident spouse or parent.

How the Waiver Process Works

  1. Determine Eligibility. Identify the correct waiver type for your situation.
  2. Prepare Supporting Evidence. Collect documents demonstrating hardship, rehabilitation, or eligibility.
  3. File the Waiver Application. Submit the appropriate form (I-601, I-601A, or 212(d)(3)) with USCIS.
  4. Respond to Requests for Evidence. USCIS may ask for additional documentation.
  5. Receive Decision. USCIS or consular officials approve or deny the waiver based on the evidence provided.

How I Help

As your attorney, I provide guidance and representation for every step of the waiver process:

  • Evaluating eligibility for the correct waiver type.
  • Preparing and filing waiver applications.
  • Collecting and organizing supporting evidence.
  • Advising on strategies to demonstrate hardship or rehabilitation.
  • Communicating with USCIS or consular officials.
  • Responding to Requests for Evidence (RFEs).
  • Advising on next steps if a waiver is denied.

Frequently Asked Questions

What is a waiver in immigration law?
A waiver allows someone who is otherwise ineligible to overcome bars to entry or status. Approval depends on eligibility and supporting evidence.

How long does a waiver take?
Processing times vary by waiver type, USCIS workload, and individual circumstances. Typical cases take several months.

Do I need a lawyer for a waiver?
While you can file on your own, an experienced I-601 waiver attorney prepares your application, collects supporting evidence, and communicates with USCIS or consular officials.

What happens if a waiver is denied?
Denial may affect your eligibility for future applications. Immediate consultation with an immigration waiver lawyer can clarify options and next steps.

En Español: Exenciones Migratorias

¿Fue considerado inadmisible para entrar o permanecer en EE.UU.?
En MG Equity Law, LLC, ayudamos a nuestros clientes a solicitar exenciones legales para superar obstáculos migratorios y continuar su proceso.

Servicios en español:

  • Evaluación de elegibilidad
  • Preparación de solicitudes I-601, I-601A, 212 y I-192
  • Documentación de dificultades extremas
  • Representación en entrevistas consulares y audiencias migratorias

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