Immigration Waivers: Overcoming Obstacles to Family-Based Immigration

Facilitating Immigration Solutions for Individuals Facing Inadmissibility

Immigration waivers are used to overcome barriers that prevent family members from being eligible for U.S. visas or permanent residency. Whether due to unlawful presence, criminal history, or fraud, waivers provide a legal path forward for applicants who might otherwise be inadmissible. Benach Pitney Reilly Immigration specializes in helping individuals and families secure waivers and navigate the complex immigration process.

If you or a family member is facing inadmissibility, we can help you determine if a waiver is right for your case.

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Who Needs an Immigration Waiver?

Certain individuals who have violated U.S. immigration laws or face specific grounds of inadmissibility may require a waiver to continue their immigration process. The following types of applicants might need a waiver:

Unlawful Presence Waivers

  • Individuals who have overstayed their visa or entered the U.S. without inspection.
  • They may be eligible for Form I-601 or I-601A waivers to overcome the unlawful presence bar.

Fraud or Misrepresentation Waivers

  • Applicants who have been found guilty of fraud or misrepresentation on their immigration applications.
  • These applicants must submit a Form I-601 waiver to seek forgiveness.

Criminal Conviction Waivers

  • Individuals with certain criminal convictions who are otherwise inadmissible may be eligible for a criminal conviction waiver.
  • Form I-601 is used for these cases, but eligibility depends on the severity of the conviction and the applicant’s rehabilitation.
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Types of Immigration Waivers

Different waivers apply depending on the grounds for inadmissibility. Below are the primary types of waivers available:

Unlawful Presence Waivers (I-601 and I-601A)

  • I-601A Provisional Waiver – Allows individuals who are already in the U.S. to apply for a waiver before leaving for consular processing. This expedites the process and reduces time spent outside the U.S.
  • I-601 Waiver – For applicants who are outside the U.S. and need a waiver for unlawful presence before re-entering.

Fraud or Misrepresentation Waivers

  • This waiver is required when an applicant has been found to have misrepresented information to the U.S. government (e.g., falsely claiming U.S. citizenship).
  • Form I-601 allows individuals to apply for a waiver based on their family ties to U.S. citizens or permanent residents.

Criminal Conviction Waivers

  • Form I-601 is also used for waiving certain criminal grounds of inadmissibility.
  • Waivers are available for less severe criminal offenses and may require evidence of rehabilitation and good moral character.

Other Waivers

  • INA 212(h) Waiver – For applicants with certain criminal convictions or history of unlawful presence, but who can show extreme hardship to a U.S. citizen or permanent resident spouse or parent.
  • Humanitarian Waivers – Available in extreme cases where family separation or hardship would cause significant distress.
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The Waiver Process

The waiver process requires careful preparation to ensure that all eligibility requirements are met. Below are the general steps involved in applying for a waiver:

Step 1: Determine Eligibility

  • Assess your grounds of inadmissibility and family circumstances to determine if you qualify for a waiver.
  • Eligibility depends on various factors, including the applicant’s relationship to U.S. citizens or permanent residents, the severity of the violation, and extreme hardship to a qualifying relative.

Step 2: Prepare Your Waiver Application

  • Complete the appropriate waiver forms (Form I-601 or I-601A) and gather the required supporting evidence (e.g., family hardship, rehabilitation records, medical records).
  • Submit any relevant documents that demonstrate your qualifications for the waiver.

Step 3: Submit Your Waiver and Wait for Decision

  • Once the waiver application is submitted, USCIS or the consulate will review the application and make a decision.
  • Processing times may vary, and the applicant may be asked to provide additional evidence or attend an interview.

Step 4: Waiver Approval or Denial

  • If your waiver is approved, you can proceed with the next steps of the immigration process.
  • If denied, options for appealing or reapplying may be available.
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Common Challenges with Waivers

Waivers can be difficult to obtain, and there are several common challenges applicants may face:

  • Proving Extreme Hardship – For many waivers, applicants must demonstrate extreme hardship to a U.S. citizen or permanent resident spouse or parent.
  • Criminal History – Criminal convictions may require additional documentation proving rehabilitation or good moral character.
  • Visa Backlogs – Processing times for waivers can vary, especially for family-based applicants.
  • Inadmissibility Determinations – Some applicants may face difficulty in overcoming the grounds for inadmissibility, particularly when facing multiple issues (e.g., unlawful presence and criminal history).

How can Benach Pitney Reilly Immigration Help?

At Benach Pitney Reilly Immigration Law, we help clients through every step of the waiver process:

  • Expert analysis to determine if you are eligible for a waiver.
  • Preparation of all required documents to ensure a strong application.
  • Assistance with proving hardship and addressing common challenges such as criminal history or misrepresentation.
  • Appeal support if your waiver is denied or requires additional evidence.
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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.