Immigration Waivers
Immigration waivers are formal requests made to U.S. immigration authorities seeking exceptions to specific immigration requirements or grounds of inadmissibility. These waivers offer a pathway for individuals facing obstacles that could impede their visa, Green Card, or other immigration benefits.
I-601 Waiver Misrepresentation & Fraud
The I-601 waiver of the “misrepresentation” grounds of inadmissibility for foreign nationals if they can demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would suffer “extreme hardship” if the foreign national is not allowed to remain in (or return to) the United States. A US citizen fiancé(e) may also be a qualifying relative for purposes of the waiver.
Who May File an I-601 Waiver
Individuals who are deemed inadmissible to the U.S. due to certain reasons, such as criminal history, health-related issues, immigration fraud, or previous immigration violations. It allows them to ask for forgiveness and permission to enter or remain in the U.S
I-212 Waiver After Deportation or Removal
This waiver is for individuals who have been removed (deported) from the U.S. or who left the U.S. while subject to an order of removal. It allows them to ask for permission to reapply for admission to the U.S. after a certain period of time.
J1 Waiver for Exchange Visitor
This waiver is for certain exchange visitors (J-1 visa holders) who are subject to the two-year home-country residence requirement. They can request a waiver of this requirement if they meet certain criteria, often by showing that a U.S. citizen or permanent resident spouse or child would experience exceptional hardship if they were to return to their home country.
237 Waiver of Deportability
A 237 Waiver, also known as a "Waiver of Deportability," is a request for relief from deportation (removal) that is typically made in immigration court before an immigration judge. When an individual is in deportation proceedings and believes they are eligible for a waiver to avoid removal, they can present their case before an immigration judge. Applying for a waiver can be complex, involving detailed documentation, evidence, and legal arguments
I-192 Nonimmigrant Waiver
The I-192 waiver is also known as the "Application for Advance Permission to Enter as a Nonimmigrant" waiver. This waiver is typically sought by nonimmigrants (temporary visitors) who are ineligible for a U.S. visa due to certain grounds of inadmissibility, such as criminal convictions or immigration violations.
I-601A Unlawful Presence Waiver
Certain immigrant visa applicants who are relatives of U.S. citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act Section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy.
Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
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