IMMIGRATION BARS AND WAIVERS
I-601A Provisional Waiver
The provisional unlawful presence waiver process allows immediate relatives of U.S. citizens who came to the U.S. without inspection are currently residing in the U.S. to apply for a provisional waiver
Unlawful Presence Waiver
Unlawful presence generally relates to a person staying beyond the time period authorized by DHS upon entry or in the course of a change/extension of status unless DHS authorizes the stay.
212(i) Fraud Waivers
The immigration law provides a discretionary waiver for immigrants who are subject to a ground of inadmissibility based on fraud or misrepresentation in procuring or attempting to procure an immigration
Waiver for crime-related grounds of inadmissibility
The 212(h) waiver for crime-related grounds can be used for various grounds of inadmissibility and has different requirements depending on the ground of inadmissibility and other factors.
False Claim of U.S. Citizenship
The false claim of U.S. citizenship is ground of inadmissibility, INA § 212(a)(6)(C)(ii), applies to any foreign national who, falsely represents himself or herself to be a U.S.citizen for any purpose or benefit under the INA
Waivers for health-related grounds of inadmissibility
Individuals with certain communicable diseases of significant public interest, individuals with certain physical and mental conditions, and individuals who failed to obtain the required vaccination or proof of
Returning to the U.S. After Deportation or Removal
A person who is barred from admission due to an order of removal or exclusion under INA 212(a)(9)(i) or (ii) may apply for readmission prior the period of inadmissibility by seeking an I-212 waiver .
INA 237(a)(1)(H) WAIVER FOR MISREPRESENTATION
This waiver is available to individuals who gained an immigrant visa or adjustment of status by fraud or misrepresentation. Only a person in removal proceedings could apply for for 237(a)(1)(H) waiver.
How to apply for a waiver of grounds of inadmissibility
Form I-601 is used to file a waiver. Most I-601 waiver applications are based on showing that a qualifying relative would suffer extreme hardship if the immigrant applicant were to be denied entry
Who need immigrant Waiver?
Some individuals are not eligible to be admitted to the United States as an immigrant or to adjust status in the United States. The INA §212(a) identifies a long list of grounds of inadmissibility. If the issue the foreign national faces is not found in INA §212, then it’s not a ground of inadmissibility. Before the issue of admissibility or inadmissibility can be addressed, the applicant must demonstrate that he or she is eligible for visa classification. If an applicant is not eligible for a certain visa no issue of inadmissibility exists. Once the applicant is eligible for a visa or adjustment of status the appropriate waiver could be considered.
Frequently Asked Questions
Q: After I have obtained non-immigrant waiver will I have any problems to come back?
A: The waiver gives you the right to board a US-bound flight from an overseas departure point but it by no means guarantees your admission once you land and present yourself for inspection to the CBP officer at the US airport or POE. While your case will be considered with some sympathy due to the consulate having granted you a waiver, you will still be thoroughly questioned and to be admitted must convince the officer of your intent to depart after a temporary visit.
We have uncommon success in obtaining immigration waivers on behalf of our clients. If you are told that you may not enter the U.S. and are handed a waiver packet please consult with a competent Immigration Attorney before you attempt to return to the country.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
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