Determining if you need and qualify for a particular waiver is a complicated process. At Arnaout Immigration Law Firm, our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of waiver. Taking the right steps is crucial, making it important that you don’t apply for a waiver without the proper representation.
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A waiver of most grounds of inadmissibility for foreign nationals applying for a nonimmigrant visa at a consular post abroad or who apply for admission to the United States as a nonimmigrant at a port of entry. While the waiver is broad, it is not all-inclusive. For example, it is not available for certain security grounds of inadmissibility, including terrorism, espionage, participation in genocide or Nazi persecution, and foreign policy grounds.
A waiver of health-related grounds of inadmissibility which extends to foreign nationals with communicable diseases of significant public interest, those with certain mental or physical conditions, and those who fail to obtain required vaccines.
A waiver of the fraud or misrepresentation used by the foreign national as a means to gain admission as an immigrant.
To be eligible for this discretionary waiver, the foreign national seeking the waiver must be the spouse or child of a US citizen or lawful permanent resident and must establish that denying admission to the applicant would result in extreme hardship to the qualifying relative.
A §237(a)(1)(H) waiver cures any underlying ground of inadmissibility that directly results from the fraud or misrepresentation, willful or innocent when the alien applied for an immigrant visa or adjustment of status.
To qualify, an applicant for this waiver must have a qualifying relative, must have possessed an immigrant visa or equivalent document, and must have been “otherwise” admissible “at the time of such admission.
A waiver of various criminal grounds of inadmissibility and deportability. It is available to lawful permanent residents who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years provided that they were not convicted of aggravated felonies for which they served five years imprisonment for their crimes.
On April 1, 1997, cancellation of removal for certain permanent residents replaced INA §212(c) and has been the law ever since.
Suspension of deportation remains a useful waiver for those with old convictions. To be eligible for §212(c) relief, the foreign national had to have pled guilty to the crime prior to April 24, 1996.
The §212(h) waiver can be used for various criminal grounds of inadmissibility and has different requirements depending on the ground of inadmissibility, the date of conviction, the status of the applicant, and the concurrent application for relief (if any) for which the applicant is applying.
the person is otherwise eligible and did not know, or could not have known through reasonable diligence, of the inadmissibility at the time of entry into the United States.
In general, any alien (other than a lawful permanent resident) who was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed or was removed from the United States, and the again seeks admission within 3 years of the date of such alien’s departure/removal is inadmissible. This is commonly referred to as the “3-year bar”.
Any alien (other than a lawful permanent resident) who has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure/ removal from the United States, is inadmissible. This is commonly referred to as the “10-year bar”.
The unlawful presence waiver waives the three– and ten-year bars in the case of a foreign national who is the spouse, son, or daughter of a US citizen or lawful permanent resident, if the foreign national can establish extreme hardship to the qualifying relative if he or she is not admitted.
If the waiver is being sought for a noncitizen fiancé, the US citizen fiancé also may be a qualifying relative.
Unfortunately, there is no waiver available for parents of US citizen or lawful permanent resident children.
Unlawful presence for asylees and refugees seeking permanent residence may be waived for humanitarian reasons, to assure family unity, or if the public interest warrants.
The national interest waiver (NIW) is a waiver of the job offer requirement for individuals who wish to immigrate to the United States in the second preference category who are members of the professions holding advanced degrees or individuals of exceptional ability in the arts, sciences, or business.
The waiver request requires a showing of significantly above that for prospective national benefit. A showing of national interest significance, such as in the fields of medicine and education is required.
If you need more information, call a Glendale immigration attorney at the Arnaout Immigration Law Firm at (818) 276-9900 for a consultation.