Immigration Waivers

Immigration Waivers

Immigration Waivers

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In order to obtain immigration status, some noncitizens need to apply for waivers to overcome grounds of inadmissibility. There are several factors that need to be considered when someone is applying for an immigration benefit, such as manner of entry into the United States, the legal status of the person petitioning for the noncitizen, the person’s criminal history, whether they have ever been ordered removed by the Immigration Judge, or whether they have used fraudulent documents or misrepresented information to obtain an immigration benefit.


Our office has experience with many types of immigration waivers, including the following:

I-212 Request to Reapply for Admission into the U.S. After Deportation or Removal

An I-212 Waiver is a waiver for non-citizens who have been deported or removed to seek permission from the U.S. government to apply for lawful re-admission to the United States. Non-citizens who have been deported or removed from the United States have committed an immigration violation, barring them from re-entering the U.S. and seeking U.S. immigration benefits for a specified period of time.

I-601A- Provisional Unlawful Presence Waiver

This type of waiver is available for applicants who are in the United States with immediate U.S. citizen or green card holder family members who entered the United States illegally. The applicant has to show that they have a qualifying family member who would suffer extreme hardship if they were not able to stay in the United States.

The benefit of this waiver is that the waiver can be approved while the applicant is still in the United States. Once the waiver is approved, the applicant will go for an interview with the U.S. consulate in their country of origin. This limits the amount of time that families are separated.

I-212 Waiver Request to Reapply for Admission into the U.S. After Deportation or Removal

If someone has been ordered removed from the United States, they are subject to a bar to reentering the United States for a certain period of time, 5, 10, or 20 years, depending on the circumstances. The person is generally not able to seek reentry until they have been outside of the United States for that continuous period of time. This waiver can be used to seek permission to reenter the United States before this period of time has been accrued.

J-1 Exchange Visitor Two-Year Home-Country Physical Presence Requirement Waiver

A J-1 Waiver is a waiver for J-1 visa holders to seek permission from the U.S. government to remain in the U.S. while applying for another status after their J-1 visa expires. This allows J-1 visa holders (and potentially their immediate family) to continue to live, work, and study in the U.S. without having to return to their country of origin for two years before applying for another status. There are certain scenarios in which a J-1 visa holder can request a waiver, including:

  • No objection statement
  • Request by an interested U.S. federal government agency
  • Persecution or fear of persecution
  • Exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child
  • Request by a designated state public health department or its equivalent