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.
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 or apply for an immigrant visa on the basis of an approved petition it is important that you prepare to address this issue as soon
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 consult with us.
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 we recommend that you proceed with the services of an experienced immigration lawyer.
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.
Although the beneficiary of an approved immigrant petition may be eligible to adjust status in the United States, he or she may be subject to a ground of inadmissibility and may need a waiver before adjustment of status may be granted. There are several reasons a prospective immigrant applicant for adjustment of status may need a waiver. In the case of applicants for adjustment of status, the most common reasons for inadmissibility are convictions of crimes or past use of fraudulent documents or a history of misrepresentation in connection with immigrant petitions or visa applications.
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 we recommend that you proceed with the services of an experienced immigration lawyer and determine whether a waiver is necessary before seeking adjustment of status.
Although the waiver forms seem simple to fill out, the application process is very complicated. Approval is discretionary and the applicant must meet certain requirement and convince the adjudicating officer that he or she meets the legal standards to obtain a waiver