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.

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.

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.

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.

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.

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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