Immigration Waivers – Houston Immigration Lawyer
There are many reasons a person can be found inadmissible to the United States under the Immigration and Nationality Act section 212. Grounds of inadmissibility prevent a person from obtaining lawful permanent residence (green card) and from obtaining non-immigrant visas. Some of these grounds of inadmissibility can be waived under specific circumstances described in the particular waiver.
If you are applying for an immigration status you should consult an experienced attorney who can review your case and help you identify any potential grounds of inadmissibility and whether a waiver is available. Waivers of inadmissibility (immigration waivers) are usually filed as stand alone applications. Contact a Houston Waivers Lawyer to schedule an appointment to discuss your individual case with our dedicated and experienced lawyers.
Waivers of Inadmissibility Lawyer Houston
Below is a list of some of the most common and important types of waivers, as well as a general outline of the basic requirements.
- I-601 A Provisional Waiver
- I-601 Waiver
- I-212 Waivers
- J-1 Hardship Waiver
- J-1 No Objection Waiver
- J-1 Waiver for Physicians
Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
I-601A Eligibility requirements:
To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:
- Be physically present in the United States to file your application and provide biometrics.
- Be 17 years of age or older.
- Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:
– Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
– Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
– Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
– Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
- Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
- Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
– More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
– 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
- Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
- You do not meet all of the conditions listed under eligibility mentioned above.
- You are in removal proceedings that have not been administratively closed.
- At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.
- You have a final order of removal, exclusion, or deportation (including an in absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A.
- You do not meet one or more of the requirements outlined in the Form I-601A and its instructions.