Waivers

If you have committed certain acts or have circumstances that make you inadmissible to the United States, a waiver may allow you to proceed with your immigration petition without having to leave the country or wait through extended bars.

What Types of Waivers Are Available?

Form I-601A (Provisional Unlawful Presence Waiver):

• Allows individuals with an immigrant visa petition to apply for a waiver BEFORE traveling to the consulate
• Avoids the requirement of prolonged consular processing abroad for certain cases
• Available to spouses and children of U.S. citizens
• Reduces time spent separated from your family

Form I-601 (Waiver of Grounds of Inadmissibility):

• Waiver application for various grounds of inadmissibility
• Requires demonstrating that your presence in the U.S. is in the interest of a qualifying U.S. citizen or lawful permanent resident relative
• Available to undocumented individuals and those with certain prior violations
• May allow you to adjust status without leaving the country

Form I-212 (Permission to Reapply After Deportation):

• Allows previously deported individuals to return to the United States
• Requires demonstrating rehabilitation and good conduct since the deportation
• Filed after a specific waiting period depending on the type of removal
• Granted only in exceptional circumstances

Common Grounds for Waivers

• Unlawful presence in the United States
• Entry without inspection
• Misrepresentation during immigration proceedings
• Certain public health conditions
• Criminal history
• Prior violations of immigration law

Important Requirements

To obtain a waiver, you generally must demonstrate that:

• You have a qualifying relative who would suffer “extreme hardship” if the waiver is denied
• The qualifying relative is a U.S. citizen or lawful permanent resident
• Your presence is of benefit to the United States or your family

Processing Times

Waivers can take 6 to 18 months to process. In some cases they may be resolved more quickly. It is important to act promptly if you believe you need a waiver.

What You Should Know

Waivers are complex and require persuasive arguments regarding extreme hardship to qualifying relatives. An experienced immigration attorney can make the difference between an approval and a denial.