Depending on whether or not you wish to reside in the United States on a temporary basis, or on a permanent basis, there are non-immigrant visa (NIV) waivers, and immigrant visa (IV) waivers available for certain situations. Non-immigrant visa waivers apply to individuals wishing to reside in the United States on a temporary basis, perhaps for school or employment. Immigrant visa waivers apply to individuals seeking to reside in the United States permanently.
What Kinds of Waivers Are Available?
The following waivers are available to individuals deemed inadmissible by the United States.
• Form I-601 Waiver – If you are deemed inadmissible because you unlawfully presided in the United States, or made a misrepresentation of a material fact in order to enter the United States, you may be able to waive the grounds for your inadmissibility status by applying for an I-601 waiver.
• Form I-601A Provisional Waiver – If you are unlawfully residing in the United States, you can apply for an I-601A waiver in order to lawfully remain in the United States. Just like I-601 waivers, you must demonstrate that your United States citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you left the country. In cases where you have unlawfully resided in the United States for more than six months, and if you leave the country, you will not be allowed to re-enter for three years. If you unlawfully reside in the United States for more than one year, and you leave the country, you will not be allowed to re-enter the country for ten years. Therefore, it is imperative that you consider applying for the I-601A provisional waiver prior to leaving the United States, as you must still be present in the country in order to be granted the waiver.
However, it is important to understand that the person applying for the waiver must prove that the individual’s United States citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the inadmissible individual is not allowed to remain in the United States, or return to the United States if the person has already been removed.
• Form I-212 Waiver – If you were removed from the United States and would be subject to the three year or ten year bars to readmission, you may apply for the I-212 waiver which, if granted, would allow you to reenter the United States early, before the three year or ten year period has been satisfied.
• 212(d)(3) General Waiver for Non-Immigrants – If you wish to enter the United States on a temporary basis, you may apply for a 212(d)(3) general waiver that will waive most grounds for inadmissibility, such as health reasons, criminal reasons, and unlawful presence, among others. Inadmissibility on grounds of security, espionage, or other threatening criminal activity cannot be waived.
• 212(h) Waiver for Criminal Convictions – If you have been convicted of a crime that has deemed you inadmissible to the United States, you may apply for a 212(h) waiver to lawfully reside in the United States if certain requirements are met. First, the criminal activity must have occurred more than fifteen years prior to the current application for a non-immigrant visa, or for an adjustment of status. Second, your admission into the United States cannot be contrary to the national welfare, safety, or security of the United States. Third, you have demonstrated that you have been rehabilitated such that you are no longer tied to your previous criminal activity.
Contact Geygan & Geygan, Ltd. Today to Discuss Your Immigration Needs
Inadmissibility and the availability of immigration waivers can cause you and your family a lot of stress and feeling of helplessness. Being able to obtain a waiver to remove the inadmissibility status can help you stay with your family and avoid being removed from the United States. In order to apply for and receive a waiver, you should consult with a highly skilled immigration attorney to ensure you are completing the required application accurately. The immigration attorneys of Geygan & Geygan, Ltd. devote a large portion of their law practice to immigration law and helping individuals remain or enter the United States lawfully. To schedule a free consultation to speak with one of our immigration attorneys, call our office today at (513) 791-1673.