Waivers of Inadmissibility
Waivers: Unlawful Presence Waiver or Provisional Waiver, Waivers of Inadmissibility and Waivers After Deportation/Removal
Immigrants who have entered the U.S. without a visa or permission or overstayed their visa may find it difficult to fix their status without leaving the United States. Similarly, an immigrant who has multiple immigration violations like fraud, misrepresentation, unlawful presence, or criminal acts may have to leave the United States and apply for an inadmissibility waiver before returning.
Unlawful Presence Waiver or Provisional Waiver: I-601A Waiver
The provisional waiver or 601A waiver is used to cure the inadmissibility of unlawful presence in the United States. This is frequently used when an immigrant enters the US without permission (illegal across the border), like with a visa or parole, or overstays their visa. These people would not be eligible to adjust status in the United States and would have to go through a consular process. An immigrant who is unlawfully present in the United States may face a 3 year ban, a 10 year ban, or a permanent ban from returning to the United States. This means the person will not be able to return, unless they have an approved 601A waiver. This type of waiver requires the immigrant to have a full permanent resident spouse or parent, or a U.S. citizen spouse or parent to apply and demonstrate hardship to the qualifying relative. The immigrant who is subject to the 3 year ban or a 10 year ban can apply for the provisional waiver or 601 A waiver before the immigrant leaves the U.S. for their visa interview in their home country.
Waivers of Inadmissibility: I-601 Waiver
An immigrant will apply for this waiver if they are outside the United States at a consulate to get their immigrant visa or green card, and if they have committed a crime, made misrepresentations, or have been unlawfully present at some point in the United States. If the immigrant is eligible for adjustment of status but has been convicted of a crime or accused of some other immigration violation like misrepresentation, they may apply for this waiver.
Waivers After Deportation/Removal: I-212 Waiver
INA-212 waivers of inadmissibility are used by an immigrant who has been deported or removed from the United States and they want to return with an immigrant visa or green card. An immigrant who has been deported or removed, can use this form to ask for permission to lawfully return to the United States.
All these immigration waivers are discretionary. Therefore, it is important to have an experienced lawyer who can draft compelling and persuasive arguments for the immigrant to receive these waivers. Attorney Dahlia Castillo will analyze your situation and to tailor a compelling argument for a hardship waiver.
