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What is an immigration waiver and how do I know if I need one?

July 12, 2011 by Thomas Geygan

If you or a loved one is deemed to be inadmissible to enter the United States or is being deported, you or your loved one may be eligible for a waiver which allows you to enter by exception, or stay in the U.S. when you would otherwise be deported.  Without a waiver, your visa application will be denied or you would be deported.  Without qualified legal counsel, you may not realize that you need a waiver until your visa interview and that puts you at the end of the line for help.

How a Waiver Helps You

A waiver allows you to enter the U.S. or stay in the U.S., even if you would be otherwise inadmissible or deportable for any reason. This waiver may be granted because you are the spouse, son, or daughter of a U.S. citizen or legal permanent resident and you can show that the denial of the immigrant visa or permanent resident status would result in extreme hardship to the U.S. citizen or legal permanent resident spouse or parent.

Steps to Obtaining an Immigration Waiver, in Brief

Consult with a qualified immigration attorney.

  • Identify that a waiver is needed.
  • Prepare a waiver package.
  • Wait for a decision on your waiver.

What if I make a mistake preparing my waiver package?

If a mistake is made in the preparation of the waiver package, your waiver application will be denied.  Upon denial, you must fix your errors and resubmit your waiver package.

Unfortunately, resubmission will put you at the back of the line, regarding application review.  This is a serious delay because waiver consideration can take up to several years.

Where to Get Help Obtaining a Waiver to Inadmissibility

If you have questions regarding obtaining a waiver to inadmissibility and entering the United States, be sure to consult with a qualified immigration attorney.  Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and getting green cards.

We focus our practice on immigration law and help people just like you.  You are not alone.

Your next step is to contact our office:  513-791-1673  or Thomasjr@geygan.com.  We will gently walk you through the waiver process.  In addition we explain immigration issues such as how to get a green card, represent you in front of the Department of State & USCIS as needed, and aggressively fight for your legal rights.

Please send me a waiver worksheet so I can help my family. 
 
 
 
 

Filed Under: Immigration, Waiver

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