Waivers
In immigration law, being declared inadmissible or deportable is not always the end of the road. A Waiver is a special request where we ask the government to overlook a previous violation to allow you to obtain your visa or residency. These cases are legally complex and require demonstrating a profound impact on your family. My firm specializes in building solid cases that transform a denial into an approval.
Common Types of Waivers
Depending on the reason for inadmissibility, we apply using different forms:
- I-601A Waiver (Provisional Unlawful Presence): Designed for those who entered without a visa or overstayed and are physically in the United States.
- Great Advantage: It allows you to apply for the waiver before leaving the country for your consular interview, minimizing the time of family separation.
- Requirement: It only waives unlawful presence.
I-601 Waiver (General Inadmissibility): Used to waive a broader range of violations, such as:
- Fraud or misrepresentation of documents.
- Certain criminal records (crimes involving moral turpitude).
- Public health reasons.
- Unlawful presence (if the applicant is already outside the United States).
I-212 Waiver (Reentry after Deportation): For individuals who have been previously deported or have a removal order and wish to request legal permission to return before their bar (of 5, 10, or 20 years) expires.
Frequently Asked Questions (FAQ)
Can I request a waiver because for my citizen children?
For most unlawful presence waivers (I-601/I-601A), children are not considered “qualifying relatives.” Hardship must be demonstrated regarding a citizen or resident spouse or parent. However, the impact on the children is used as indirect evidence of the hardship faced by the spouse.
How long does a waiver take in 2026?
Current processing times for the I-601A average 28.5 months. It’s important to strategize your waiver to improve your chances of approval.
Does a waiver guarantee that I will be granted a visa?
A waiver removes the obstacle of inadmissibility. Once approved, you must continue to meet all other consular requirements, but the legal path remains clear.