Waivers

Individuals who are found inadmissible to the U.S. due to issues like prior immigration violations, criminal convictions, health-related reasons, or fraud may need a waiver to overcome these barriers.

Common waivers include:

     - I-601A Provisional Unlawful Presence Waiver: For certain individuals who are inadmissible due to unlawful presence in the U.S.

     - I-601 Waiver: For various grounds of inadmissibility, including health-related issues, criminal history, and misrepresentation.

     - I-212 Waiver: For those who have been previously removed (deported) and need permission to reapply for admission.

     - Fraud or misrepresentation Waiver: For those who committed fraud or misrepresentation in immigration matters.

The I-601 waiver is used by individuals outside the U.S. who need to overcome grounds of inadmissibility, while the I-601A waiver is for individuals in the U.S. who are applying to waive unlawful presence before leaving the country for consular processing.

To qualify, applicants must demonstrate that denying them entry or adjustment of status would cause "extreme hardship" to a qualifying U.S. citizen or lawful permanent resident relative (e.g., spouse or parent).

Extreme hardship goes beyond the normal difficulties of family separation and may include factors like serious health conditions, financial difficulties, or other significant impacts on the qualifying relative’s life.

Processing times vary, but it can take several months or even over a year depending on the type of waiver and the specifics of the case.

Yes, waivers are discretionary and can be denied if the applicant fails to demonstrate eligibility or extreme hardship. Legal advice is often crucial in preparing a strong waiver application.

If a waiver is denied, applicants may appeal the decision, file a motion to reopen or reconsider, or reapply if new evidence or circumstances arise. In some cases, they may also be placed in removal proceedings.

While it is possible to apply without an attorney, waivers involve complex legal standards and significant stakes. Hiring an experienced immigration attorney is highly recommended to improve the chances of approval.

Generally, it is not advisable to travel outside the U.S. while a waiver application is pending, as leaving the country could impact the process. Specific guidance should be sought based on individual circumstances.

A criminal record can complicate waiver eligibility. Certain crimes may render an individual inadmissible, but depending on the nature of the offense, a waiver may still be available. Legal advice is crucial in these cases.