Waivers

Waive Grounds of Inadmissibility

Even if an individual qualified for a visa or green card, he or she may not be admissible to the United States due to previously accrued unlawful status, fraud findings, prior removals, criminal history or other bars. U.S. immigration law allows for waiver of these grounds of inadmissibility in certain circumstances. It is crucial to determine from the outset of your immigration case what inadmissibility grounds may apply to your matter and how you can overcome them. Liechty Law would be happy to discuss your concerns about admissibility and assess your eligibility for a waiver.

Provisional Unlawful Presence Waiver, I-601A

Individuals who accrued more than 180 days of unlawful presence must overcome the 212(a)(9)(B) inadmissibility 3 or 10 year bars. The Provision Waiver allows those statutorily eligible for a visa and who must leave the U.S. to consular process to have the waiver adjudicated before leaving the U.S. for the interview.

Eligibility:

• Physical presence in the United States to file your application and provide biometrics;
• 17 years of age or older;
• In the process of obtaining immigrant visa and have an immigrant visa case pending with DOS on the following grounds:
  • Principal beneficiary of an approved I-130 Petition for Alien Relative, Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
  • Diversity Visa Program selectee
  • Spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
  • Diversity Visa Program derivative
• Be able to show that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent who is a legal permanent resident;
• Presumably inadmissible only because of a period of unlawful presence in the United States that was:
  • More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
  • 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)); and
• Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

There are some exceptions to eligibility based on removal proceedings in process.

I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

If you have been deported or removal previously, you may need to seek permission to reapply for admission. You should consult with an immigration attorney before applying for an immigration benefit after a previous removal. If you were at any time turned away at a border or in an airport, you should also review documentation from that encounter to determine what occurred legally.

When is bar applies and who and how to waive it can be complex. Liechty Law can assess your immigration history and advise on the best way forward.

Fraud and Willful Misrepresentation Waiver

If the U.S. government has made a finding of fraud, you will be permanently inadmissible to the United States.

An applicant inadmissible for fraud or willful misrepresentation may be eligible for a waiver. Before adjudicating the waiver, the officer should determine if the applicant is inadmissible for fraud or willful misrepresentation.[1]

To overcome a fraud finding, the applicant for a fraud waiver must show that denial of admission to or removal from the United States would result in extreme hardship to his or her qualifying relative (or if the applicant is a VAWA self-petitioner, to himself or herself); and the applicant must show that a favorable exercise of discretion is warranted.

Qualifying relatives include: (1) U.S. citizen parent or spouse; (2) Lawful permanent resident (LPR) parent or spouse; or (3) U.S. citizen fiancé(e) petitioner (for K-1 or K-2 visa applicants only).

Other I-601 Waiver for Grounds of Inadmissibility

Liechty Law will screen for other potential grounds of inadmissibility and will present any possibilities for a waiver.