Roughly one million people from all over the world immigrate to the United States every year as lawful permanent residents (green card holders), refugees and asylum-seekers, and members of other immigration categories.
Table of Contents Waivers
Establishing admissibility is one of the first steps in obtaining a temporary visa or Green Card to enter or remain in the U.S. Being inadmissible means you are not permitted by law to enter or remain in the country and your application will be denied by immigration authorities. If you broke a U.S. law, remained in the country past the end date on your visa, or committed some other immigration violation, you may be deemed inadmissible and would have to ask the U.S. government for a pardon, or waiver, to obtain a Green Card, visa, adjustment of status, or certain other immigration benefits.
To learn more about immigration waivers or to find out if there are any issues that may complicate your application, such as grounds for inadmissibility or accrued unlawful presence, contact Tiffany Feder and the Institute for Immigration today.
Types of Immigration Waivers
An immigration waiver is a pardon from the U.S. government that excuses a specific violation of immigration law that would otherwise render a noncitizen ineligible to enter or remain in the country. There are two main types of immigration waivers: a waiver of grounds of inadmissibility (Form I-601) and a provisional unlawful presence waiver (Form I-601A).
Waiver of Grounds of Inadmissibility
According to U.S. Citizenship and Immigration Services (USCIS), the waiver of grounds of inadmissibility is for immigrants who are inadmissible to the U.S. and are seeking an immigrant visa, an adjustment of status, certain nonimmigrant statuses, or other immigration benefits. For instance, if you are applying for a visa to enter the U.S. and you have broken a U.S. law, or if you are a Green Card holder who is facing criminal penalties in the U.S. that may render you deportable, you would require a waiver of grounds of inadmissibility to lawfully enter or remain in the country.
Provisional Unlawful Presence Waiver
The provisional unlawful presence waiver is for noncitizens who entered the U.S. on a visa or through the visa-waiver program and remained in the country past the date they were required to leave. Individuals who are in the U.S. without lawful status cannot apply for an adjustment of status while they are still in the country; they must leave the U.S., obtain an immigrant visa, and request reentry through a U.S. consulate or embassy. Those who have accrued more than 180 days of unlawful presence in the U.S. must obtain a waiver of inadmissibility before they are permitted to return.
The provisional unlawful presence waiver allows individuals who are statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the U.S. to apply for the inadmissibility waiver while they are in the U.S., before they leave for their immigrant visa interview. The provisional unlawful presence process is designed to shorten the amount of time U.S. citizens and family members who are lawful permanent residents are separated from relatives who are applying for immigrant visas to reside in the U.S. permanently.
What Makes an Immigrant Inadmissible?
There are several different categories of immigration violations that may make you inadmissible to the U.S., known as “grounds of inadmissibility.” These are established by the Immigration and Nationality Act and include categories related to health, national security, criminal activity, public charge, fraud and misrepresentation, lack of labor certification (if required), prior removals, and unlawful presence in the United States, as well as several miscellaneous categories.
How an Experienced Immigration Attorney Can Help
Depending on the situation, certain individuals who are inadmissible to the U.S. may be able to obtain a waiver that pardons the inadmissibility to enter or remain in the country. When you submit an application for a waiver of grounds of inadmissibility or a provisional unlawful presence waiver, you will need to submit evidence establishing that you qualify for the waiver.
This is where having a knowledgeable and tenacious immigration attorney on your side can prove vital to your case. Tiffany Feder has experience handling all matters related to immigration and she knows what it takes to complete a successful application for an immigration waiver. Contact the Institute for Immigration Today
Applying for an immigration waiver can be confusing and complicated, and proving to immigration officials that you qualify for the waiver and should be permitted to enter or remain in the U.S. can be a daunting task. If you need help completing an application for a waiver of grounds of inadmissibility or a provisional unlawful presence waiver, do not hesitate to speak to Tiffany Feder at the Institute for Immigration.
We understand how difficult it can be to be separated from one’s family members, and we will use every tool at our disposal to mount a winning defense in your case. Call us today to find out how we can help.