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Waivers- An Overview

An immigration waiver is a request that a specific immigration violation or restriction be “pardoned” or “waived” so that it no longer prevents an individual from obtaining permanent residence or another type of visa. There are many different types of waivers, and many different ways in which they may apply to your case.

Waivers may apply to cases which will process through embassies and consulates abroad, cases which will be processed through U.S. Citizenship & Immigration Services inside the U.S., and cases before the Executive Office for Immigration Review- Immigration Court. In some cases, waivers are necessary for cases which will process through the Department of State.

There are many reasons why an individual may require a waiver, and our office can help you with whatever waivers your case requires.

Common reasons a waiver may be required are:

  • Prior unlawful entry or unlawful presence
  • A disqualifying criminal record
  • Previously assisting someone to enter the U.S. illegally
  • A previous violation of a visa such as overstay or unauthorized work
  • Fraud or misrepresentation
  • A prior order or deportation
  • A lack of required vaccinations or a religious objection to obtaining vaccines
  • Visa restrictions pursuant to Presidential Proclamation 9645 (Travel Ban)

I-601A Provisional Waiver

One of the most common waivers forgives inadmissibility based on prior unlawful presence in the United States for individuals applying for permanent residence based on marriage to a U.S. citizen or green card holder. This is called a Provisional I-601A Waiver and it is submitted while the individual is inside the United States, before departing to attend a visa interview at an embassy or consulate abroad.

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Waivers from Abroad

In some circumstances, waivers are filed while an applicant is abroad. Once the necessary waiver or waivers are approved, the applicant will be able to resume visa processing through the consulate or embassy in their home country. We can assist you with waivers related to both immigrant and non-immigrant visas- contact us to discuss the specifics of your case.

Waivers for In-Country Adjustment of Status

In some cases, applicants seeking residency (Green Cards) inside the United States will require waivers to overcome a criminal issue, previous immigration violation, or other ground of inadmissibility. If you are applying for your residency and think you may require a waiver to be eligible for your Green Card, please contact us.

Waivers in Immigration Court

Individuals in removal (deportation) proceedings before the Immigration Court may require waivers to obtain legal resident status, or to maintain their permanent residency. Contact our office if you are in removal proceedings and believe that you need a waiver.

If you would like information about J-1 waivers please see our J-1 waivers page