Many of our clients come to us with one big problem called inadmissibility. This article is about the cure to this problem by means of waivers during the immigration process. Waivers permit certain individuals, who would not otherwise be eligible, to apply for certain immigration benefits. Immigration laws provide for the type of waivers that are available and identify the individuals who may qualify to request them. The information below will help you understand better the reasons to apply for a waiver with your immigration applications, who may qualify for waivers, and the type of waivers available.
Why do you need to apply for a waiver?
If you committed certain criminal acts, contracted certain communicable diseases, or undertook certain types of international offenses, you can be considered “inadmissible” under U.S. immigration law and be barred from entering the United States. An immigration waiver is generally a form of forgiveness given by U.S. immigration authorities to persons who are “inadmissible” under immigration law.
Who may qualify for a waiver?
Waivers are very fact-specific inquiries and each family must make their own decision as to whether a waiver should be sought. In general, inadmissible individuals seeking immigration benefits, who committed certain type of crimes and meet all the requirements of the immigration law, may qualify for a waiver. However, if the U.S. immigration authorities believe that you are a murderer, torturer, drug abuser or addict, spy or saboteur, or terrorist, or that you have participated in genocide or the persecution of others, have made false claims to U.S. citizenship, or are unlawfully present in the U.S. after previous immigration violations, you will not be eligible for a waiver. Waivers are a complicated area of immigration law and our attorneys will be happy to discuss the waivers that may be available to you. Its very important you get legal advice before going forward with any application.
What types of Waivers are available under immigration law?
There are a number of different types of waivers. The type of waiver varies depending on the issue that needs to be waived and each waiver requires different proof. The most common types of waivers are: Waiver After Prior Removal; Waiver of Unlawful Presence; Waiver for Crimes More than 15 Years Old; Waiver of Crimes of Moral Turpitude; Waiver of Possession of Marijuana; and General Waiver for Nonimmigrants.
When can I apply for a waiver?
If you are found to be inadmissible to the U.S. you might apply for a waiver to receive the benefit you are seeking, either a visa to enter the U.S. or your green card. Many grounds of inadmissibility allow applicants to apply for a waiver; in other words, ask the U.S. government for “forgiveness.” The waiver requirements vary according to the reasons why you are inadmissible. You need to make sure you have all the requirements before submitting an application. You have to make sure your waiver application is carefully prepared and well documented.
If I signed an order of Deportation can I apply for a waiver to avoid being deported?
The answer is no, unfortunately. Once you sign an order of deportation you can be removed to your country of origin at any time. We can help you to reopen your case if the reasons that made you deportable do not exist anymore (your criminal convictions were vacated) or you have now a relief available that you did not have when you signed the order of deportation.
Call us to set an Appointment
While we cannot guarantee that USCIS will approve your waiver, we can guarantee you that we will prepare you the best waiver case possible based on your and your family situation to persuade USCIS that you and your family deserve it.
Office Address: 2410 Hollywood Blvd,
Hollywood, FL 33020