Immigration Waiver Lawyer | Lira Bravo Law
Many individuals face issues such as inadmissibility or illegal presence that prevent them from obtaining a visa or green card. Thankfully, U.S. immigration law provides legal remedies through immigration waivers that can allow successful candidates to overcome barriers and continue with their immigration process.
An experienced immigration waiver lawyer from Lira Bravo Law guides clients through this process with care and precision. We help you determine whether you qualify, which waiver to apply for your case, and how to construct a strong application.
What Are Immigration Waivers?
An immigration waiver provides legal relief to individuals who are excluded from entering or adjusting status in the United States. Such exclusion, also called grounds of inadmissibility, may involve unlawful presence, fraud, prior immigration violation, or criminal conduct. Rather than being permanently excluded, eligible candidates may file a request for a waiver. Through this, they ask the government to waive the violation, thereby allowing their application to proceed.
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What Are the Different Types of Immigration Waivers?
There are different types of immigration waivers that applicants can apply for in the United States, including:
1. Unlawful Presence Waiver (I-601A Provisional Waiver)
This is a waiver for those who lived in the U.S. illegally and are now not allowed to enter again. It prevents family members of U.S. citizens and legal permanent residents from enduring long separations while waiting abroad for visa approval.
2. General Waiver of Inadmissibility (Form I-601)
This waiver applies to a wide range of grounds of inadmissibility, including past immigration violations, fraud or misrepresentation, health or drug-related grounds, and certain criminal records. Each case is carefully reviewed to determine whether granting the waiver serves the interests of fairness and family unity. Approval of this waiver depends on substantial evidence being presented and meeting eligibility requirements.
3. Permanent Bar Waiver
This applies to those who were present illegally in the U.S. for over a year and also applies to those who re-entered after removal without permission, leading to a lifetime ban on returning. The permanent bar waiver gives another chance to those under a lifetime ban to gain lawful entry. Upon approval, it allows them to overcome the strictest immigration penalty and return to their loved ones in the United States.
What Is the Waiver Application Process?
The waiver process begins by determining if the applicant is eligible under the conditions outlined in immigration law. Usually, this is achieved by completing Form I-601 or Form I-601A and submitting proof demonstrating the hardship that would be suffered by a U.S. citizen or lawful permanent resident relative should the waiver not be granted.
To create a solid application, applicants normally submit supporting documents such as medical reports, evidence of community ties and integration, financial reports, or personal affidavits. After submission, USCIS takes about 12 to 32 months, depending on the form filled out, to thoroughly examine and process it. If approved, the waiver removes the barrier and allows the applicant to proceed with their immigration process.
Who Qualifies for a Waiver of Inadmissibility?
- Individuals who accrued unlawful presence in the U.S. and now face barriers to reentry.
- Applicants who submitted false information or have had previous criminal convictions, depending on the nature of the crime.
- Immigrants who previously violated removal or deportation orders.
- Individuals who can prove that denial would cause serious hardship to a U.S. citizen or green card holder.
How to Proceed if a Waiver is Denied
Not every immigration waiver petition is approved, and a denial can be discouraging. However, it is not always the end of the road. An immigration waiver lawyer can explain the options in your case.
One possibility is to file an appeal, requesting that a higher authority review the denial. Another option is to reapply, but this time with stronger and more detailed evidence so that you can overcome the reasons for the denial.
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Immigration Waiver Processing Times and What to Expect
Immigration waiver applications often require patience; processing times can vary significantly based on several factors. While some waivers may be reviewed within a few months, others may take more than a year. The timeline largely depends on the type of waiver filed, the workload of USCIS, and the U.S. Department of State.
Applicants should also be prepared for possible Requests for Evidence (RFEs) when the government requires more documents to process the application.
Schedule an Immigration Waiver Lawyer Consultation
Every immigration waiver is an opportunity to secure your future and stay in the United States. At Lira Bravo Law, our immigration waiver lawyer is dedicated to guiding clients through every step, building strong applications, and protecting their rights. Contact us today to schedule a consultation to discuss your case.