Who is Eligible for an Immigration Waiver?

Individuals who have violated particular immigration laws may be able to rectify their situation through an immigration waiver. However, the process can be complicated and not knowing how the law works can put you at a disadvantage when seeking clemency for your immigration violation. Here's what you need to know to protect yourself.

Common Types of Immigration Waivers

Depending on your specific immigration violation, the following are the most common waivers that are used to remedy the issue:

212(i) Waivers can resolve situations in which individuals have fraudulently or willfully misrepresented certain information during the visa process, as well as any false information provided on immigration documents.

212(h) Waivers can offer legal permanent residents who were convicted of prostitution and other crimes of moral turpitude to be able to avoid deportation and keep their green card.

212(c) Waivers may give legal permanent residents who are flagged for removal after being convicted for criminal activity as an avenue to avoid deportation. A 212(c) waiver cannot be granted for the following reasons:

  • An individual has departed and is living outside of the U.S.
  • An individual has as unlawfully returned to the U.S. after removal or deportation.
  • The individual is in the U.S. without admission or parole.

I-601 and I-601A Waivers can be implemented in the following immigration scenarios:

  • Individuals with prior criminal convictions
  • Unlawful presence in the United States
  • Misrepresentation and other grounds for inadmissibility into the United States

How To Handle a Denied Immigration Waiver

If your immigration waiver has been denied, you have the right to appeal the decision. However, there are also other options under immigration law in which you may be able to solve your immigration issue and may include the following:

It's important to note that if you have filed an I601 waiver and were denied, you will not have an option to appeal. For this reason, it's critical to have an immigration attorney represent you from the beginning to avoid any mistakes.

Why You Need an Immigration Attorney

While an immigration waiver can save you from deportation, you don't want to leave room for any errors. Making the slightest mistake could be detrimental to your case. Having an experienced attorney who understands immigration law can increase your chances of a favorable decision.

If you or a loved one needs help with an immigration waiver or any other immigration matter, Contact Yekrangi & Associates today at (949) 478-4963 to learn more about how we can help you with all your immigration needs.

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