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Waivers of Inadmissibility

What is a waiver and how can we help?

Under U.S. immigration law, people who have overstayed their visa status by more than six months, entered the U.S. without authorization and stay for more than 6 months, people with serious criminal convictions, and people who have acquired a U.S. visa through fraud or misrepresentation are inadmissible or barred from obtaining a U.S. visa or permanent residence.

Under certain circumstances, most often due to having close relative who is a U.S. citizen or permanent resident, U.S. immigration authorities may consider granting a waiver, or pardon, which enables the person to apply for a visa.

The most commonly used waiver of inadmissibility is for unlawful presence for those who have overstayed their visa status by more than six months, or entered the U.S. without authorization and stayed here for more than 6 months. A provisional waiver is the best option in these cases.

Eligibility Requirements for a Provisional Waiver

To be eligible for a provisional unlawful presence waiver, you must fulfill ALL of the following conditions:

  • Be 18 years of age or older.
  • Be the spouse or child of a U.S. citizen or of a permanent resident.
  • Have an approved I-130 Petition or I-360 Petition.
  • Have a pending immigrant visa case with Department of State (DOS) for the approved immediate relative petition and have paid the DOS immigrant visa processing fee (IV Fee).
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
  • Provide convincing proof of the immigrant having good moral character.
  • Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  • DOS did not initially act before January 3, 2013, to schedule your Immigrant Visa interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based.

Eligibility Requirements for a Standard Waiver

For the relatives of U.S. permanent residents, and for those relatives of U.S. citizens living outside of the U.S. there is also the standard unlawful presence waiver available.

To be eligible for a standard unlawful presence waiver, you must fulfill ALL of the following conditions:

  • Be 18 years of age or older.
  • Be the spouse or child of a U.S. citizen or of a permanent resident.
  • Have an approved I-130 Petition or I-360 Petition.
  • Provide convincing proof of the immigrant having good moral character.
  • Have an immigrant visa case that was denied at a U.S. consulate abroad due to an unlawful presence inadmissibility.
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.

With the approval of the provision or standard unlawful presence waiver, the immigrant can then be approved in the immigrant visa application process at the consulate in the immigrant's home country. USCIS decides these waiver application cases, and their approval rate is very high.

Nonetheless, in spite of the high approval rate, it is still important for the immigrant to have his or her waiver application properly prepared by an experienced immigration attorney in order to maximize his or her chances of success. We leave no stone unturned in looking for arguments to prove the required extreme hardship to the U.S. citizen or permanent resident.

Place our experience and dedication to work for you. Contact us at (941) 877-6587‚Äč to schedule a consultation.