What is a Waiver?
A waiver is a legal petition that asks the U.S. government to forgive or overlook certain grounds of inadmissibility that would otherwise prevent you from obtaining a visa, green card, or entering the U.S.
Types of Waivers
There are several types of waivers, depending on the grounds of inadmissibility, including:
- I-601 Waiver (for unlawful presence, criminal convictions, fraud and misrepresentation, and other grounds)
- I-601A Waiver (for individuals who are unlawfully present in the U.S. and wish to avoid the 3- or 10-year bars to reentry)
- I-212 Waiver (for individuals seeking permission to re-enter the U.S. after being deported)
Each waiver type has a specific set of eligibility criteria and requirements that must be met. Our team will evaluate your situation and determine which waiver is best suited for your case.
The Concept of “Admissibility”
“Admissibility” and “inadmissibility” are important legal terms in the U.S. immigration laws. The laws have a long list of many possible issues that a potential immigrant could have that make them inadmissible, meaning that they are not eligible to get a green card. Things on this list include having unlawful presence in the United States, prior deportations, criminal history, having misrepresented or lied about something previously to the government, and many other things. One of the critical roles that our team plays for our clients is carefully screening them for any possibility that they could be accused of being inadmissible, and if so, figuring out if there is a way to overcome the issue or not.
Penalties, exceptions, and waivers
For each ground of inadmissibility that exists in the laws, there is a stated penalty. For some grounds, the inadmissibility automatically ends after a certain amount of time has passed. Other grounds have certain exceptions that could be relevant to your situation. And yet other grounds have penalties that remain for a lifetime.
Want to learn more about waivers? Check out Attorney Pastrana’s Navigating Love & Immigration podcast episode Demystifying Immigration Waivers.
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