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Chavarro Law Firm has represented many individuals in their waiver process which place them one step closer to obtaining their legal status in the United States.
There are several types of waivers that allow people who have committed immigration or criminal offenses to obtain legal status in the United States. Each waiver has different rules and requirements.
There are people who do not qualify to be admitted to the United States either as permanent residents, with immigrant visas or with certain non-immigrant visas (such as visitor, student, work or investment visas) due to offenses committed that violate criminal or immigration laws in the United States. These people must request a waiver to be exempted from the grounds that make them inadmissible.
In most cases, the person requesting the waiver is required to have a qualifying family member in order to qualify for the waiver. Generally, the person must have parents or spouses who are permanent residents or US citizens in order to apply for this benefit.
It is important to consult with an immigration attorney to determine if you qualify for a waiver.
If you are trying to obtain an immigrant visa, adjustment of status, certain non-immigrant status, or certain immigration benefits, and are subject to a ground of inadmissibility to the United States, you must submit an application to request a waiver. There are grounds of inadmissibility that can be waived and others that cannot, such as having impersonated a US citizen without being one (with very limited exceptions).
Grounds of inadmissibility
Some of the more common grounds of inadmissibility that can potentially be waived are:
- Health-related grounds (generally contagious diseases);
- Criminal grounds. Some crimes cannot be waived;
- Fraud or misrepresentation charges;
- Unlawful presence in the United States. There is a 3 or 10 year bar for having previously been in the United States unlawfully.
- Human trafficking (having brought someone or helped bring someone to the United States illegally);
Most waivers are awarded at the discretion of the Department of Homeland Security and the Department of State. For this reason, the preparation of effective legal arguments and the necessary evidence to support them by an expert and experienced lawyer is of the utmost importance.
This is one of the most frequent waivers. Certain immediate family members of U.S. citizens or lawful permanent residents may use this form I-601A to request a provisional waiver or waiver for unlawful presence under Section 212 (a) (9) (B) of the Immigration and Nationality Act prior to leave the United States to report to a U.S. consulate or embassy abroad for an immigrant visa interview.
There are people who, although they live in the United States and have close relatives such as spouses who are permanent residents or United States citizens, do not qualify to apply for their residence (adjust their status) within the United States, and they must request this provisional waiver. Once this waiver is approved, they must travel abroad to obtain an immigrant visa at the US consulate or embassy in their home country.
This provisional waiver significantly reduces the time of separation from the family because the person requests the waiver in the United States and only leaves for the interview for a period of 2 to 4 weeks.
Requirements to apply for the provisional waiver
To be eligible for a provisional waiver for unlawful presence in the United States, ALL of the following conditions must be met:
- Be physically present in the United States at the time the I-601A application is submitted;
- Be at least 17 years old;
- Be in the process of obtaining an immigrant visa and have an immigrant visa case pending with the Department of State after the I-130 or I-360 petition in your favor is approved by USCIS;
- Be married to or have parents who are permanent residents or US citizens (these are the only relatives who qualify you to apply for this waiver);
- Show that the denial of your admission to the United States will cause extreme hardship to your spouse, mother or father who is a United States citizen or lawful permanent resident;
- Have ONLY the ground of inadmissibility of unlawful presence in the United States. If you have other grounds that make you inadmissible, such as crimes, various illegal entries or fraud, this waiver is not an option for you;
- Not have deportation or removal orders or be in deportation or removal proceedings, unless the case is administratively closed.
If you have been ordered deported from the United States, you are inadmissible and cannot apply for a visa for a period of five, ten or 20 years, depending on the particular case and, in certain cases, permanently (depending on the reason for which the person was deported).
If you wish to re-enter the United States before the expiration of your inadmissibility period, you must first request “permission to reapply” or “consent to reapply” for a visa through Form I-212.
What is the difference between waivers and the Law of 10 years? Attorney Paola Chavarro gives us the answer in this video:
One of the topics that the community consults us most frequently is about deportations and the possibility of ICE making arrests in places classified as “sensitive” (churches, hospitals, courts). In this video, Attorney Paola Chavarro explains this situation and what you can do if you are involved in deportation proceedings.
Did you enter the United States illegally and marry a US citizen or resident? If so, you can request a provisional waiver within the U.S. Attorney Paola Chavarro explains the procedure and the requirements to request it:
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