In the course of our representation of a individual, family or business interest we may find that there has been a violation of the law that requires a waiver.  This process is very technical and requires a full and frank discussion between the attorney and client.  The attorney must understand all of the facts and law concerning any violation so the attorney can verify that a waiver is available and to prepare the record to best present the argument for the waiver. As the granting of the waiver is critical when needed it is very important for the client to understand what a waiver is and what the requirements are to secure such a waiver.

A waiver is  the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right).  In an immigration context a waiver is applied for to allow someone to either get their green card, by not removing them for a legal reason or allow them to enter the United States.

Waivers typically relate to a section of the immigration laws that allow the government to remove or deny entry to an individual.  Each of the below listed sections are primarily for explaining why someone cannot receive their “green card” or are not allowed to enter, but have a section that allows the government to waive this portion of the law to this individual.

A waiver is distinguished from relief from removal. Waivers may be sought when a ground of inadmissibility or deportability arises either before USCIS or the immigration judge.   However, relief from removal can only be sought from the IJ in a removal hearing, which allows the individual facing removal to obtain or preserve permanent residency and thereby end the case against him. These forms of relief will be discussed in a separate section. Most waivers are discretionary, in the sense that while there are specific family relationships or other criteria that need to be established, and the government is not required to grant the waiver in all cases.

The general criteria used to determine whether or not to issue a waiver has been established by case law and require a balancing of positive and negative factors–i.e., a balancing of equities. The positive factors include, but are not limited to: (1) the person’s family ties in the United States; (2) how long the person has lived in the United States, especially if his or her residence began when the person was very young; (3) the evidence of hardship that the person and/or the person’s family will experience as a result of the separation if removal occurs; (4) the person’s employment, especially if it presents a stable history; (5) property or business ties in the United States; (6) value, service, and ties to the community; and (7) evidence of good moral character before, and especially following the disqualifying event.

• Immigration Law Violations
• Health-Related Grounds
• Crimes Involving Moral Turpitude
• Controlled Substances
• Other Criminal-Related Provisions
• Aggravated Felony
• Crimes Involving Moral Turpitude
• Firearms Offenses
• Controlled Substances
• Other Deportable Offenses
• Security and Foreign Policy Grounds
• Economic Grounds
• Quasi-Criminal and Moral Grounds
• Miscellaneous Grounds