Immigration Waiver
In order to immigrate to the United States, individuals must not be “inadmissible” under Section 212 of the Immigration & Nationalization Act (INA). Certain factors such as socioeconomic status, health, political affiliation, criminal history, and past immigration offense(s) may make someone inadmissible. However, the inadmissibility based on some of these factors can be waived by immigration officials after the immigrant submits a waiver of inadmissibility. The waiver is also called a hardship waiver, as the applicant must generally show that the inadmissibility would prove extreme hardship to certain United States citizen or lawful permanent resident (LPR) family members.
Waivers for criminal history and deportations are called a 212 waivers. A 601 waiver is generally submitted for visa overstays and mispresentation. The majority of waivers are submitted to the US Consulate at Ciudad de Jauarez, Mexico. A 601 waiver in Ciudad de Juarez is handled by the CDJ Pilot Progam, which offers reduced application processing times for certain applicants. A waiver attorney can help an applicant maximize his or her chances of success by preparing a professional, complete and compelling waiver package to immigration officials.
Feb 27th, 2010
Imagine you’ve just married the love of your life. You’re a United States citizen. He’s from Ireland. You’ve decided that you’d like to make a life in America and contact an immigration lawyer to discuss how to go about getting a green card through marriage for your husband so that he can move to the US.
An immigration lawyer will likely discuss all the ways he can get a green card...
Feb 16th, 2010
Foreign nationals who seek admission to the United States as a non-immigrant, such as pursuant to a non-immigrant visa or through the Visa Waiver Program (VWP), and are found to be inadmissible under section 212 of the Immigration & Nationality Act (INA) may be allowed to file a non-immigrant waiver pursuant to INA 212(d)(3). If this waiver is granted, the foreign national will be allowed to enter the United...
Aug 18th, 2009
The I-601 waiver is a US immigration waiver used to overcome inadmissibility for certain intending immigrants to the United States. Applying for American immigration benefits is usually a two-step process. First the petitioner, a US citizen, LPR or employer, will file an application with USCIS on behalf of a foreign national intending immigrant. An approved petition means that the minimum visa requirements have...
Aug 15th, 2009
The immigration waiver, or hardship waiver, is a concept that each and every intending immigrant should understand prior to undertaking the immigration process, whether they have hired an immigration lawyer or not. Receiving approval for an immigrant visa petition is the first step in the process of immigrating to the US and obtaining a green card. However, not all applicants with approved petitions will ultimately...
Jun 28th, 2009
Horacio Lopez Rebollar, an immigrant living in Kentucky, entered the US illegally (EWI) from Mexico as a teenager. He married two years ago and was then eligible to get his green card through marriage to his US citizen wife. But, because he crossed illegally, he had to return to Mexico in order to complete the green card process. Because he had spent several years in the United States without authorization, his...