Immigration Waivers

Immigration Waivers

Immigration Waivers

Some immigrants trying to become permanent residents and some nonimmigrants applying for certain types of visas need a waiver to overcome ineligibility for the immigration benefit they are trying to obtain in order to apply for the benefit. Ineligibility may be the result of factors such as criminal history, immigration history, and others. The type of waiver(s) needed depend on the reason(s) for ineligibility. We represent clients in requests for many different immigration waivers.

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-601 Waiver for Grounds of Inadmissibility

An I-601 Waiver is a waiver for non-citizens who are ineligible due to other circumstances to seek permission from the U.S. government to apply for immigration benefits. Non-citizens who are in certain circumstances are ineligible for immigration benefits. These circumstances include:

  • Health-related grounds of inadmissibility
  • Criminal grounds of inadmissibility
  • Immigration fraud and misrepresentation
  • Membership in a totalitarian party
  • Alien smuggling
  • Being subject to a civil penalty
  • Previous unlawful presence in the U.S.

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.

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

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