Waivers

Non-Immigrant Waivers

Non-immigrant waivers are reserved for people who are seeking a non-immigrant visa in the United States. They waive the grounds that result in a denied visa, including inadmissibility for health, criminal record and unlawful presence. There are no clear rules regarding who should be granted a waiver, so it is important to have an experienced attorney help you with the process. United States Citizenship and Immigration Services (USCIS) must weigh a variety of factors, including:

• Whether admission will result in a risk of harm to the government or citizens
• The seriousness of any criminal charges or convictions on the applicant’s record
• The applicant’s purposes for seeking non-immigrant status in the U.S.

Immigrant Waivers

Immigrant waivers are for people seeking permanent resident status in the United States but who fail to qualify based on various grounds of inadmissibility. Under certain conditions, however, the USCIS may waive the reasons for inadmissibility. The most common inadmissibility issues include being in the country without permission (unlawful presence), prior immigration violations, deportations, fraud or criminal convictions. These waivers are difficult to get approved, so it is important to have an experienced immigration attorney assist with the application. We are successful in getting waivers approved, even when immigration has previously denied or continues to request additional evidence.

Stateside Waiver Processing (Provisional Waiver)

Under normal conditions, processing an immigrant waiver through a local consulate can result in a year or more of separation from loved ones in the United States. Under new rules, however, waiver applications under some circumstances may now be processed in the United States rather than through the normal consular process. The separation from your family is often only a matter of weeks, rather than months or even years.

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