An immigration waiver offers “forgiveness” for a particular immigration violation, and there are many instances in which a waiver can remedy certain immigration issues. For example, if you are facing deportation, have been charged with a criminal offense, or your visa has expired, it’s important to file a waiver application as soon as possible.
Types of Immigration Waivers
The kind of immigration waiver you’ll need depends on your specific immigration issue. The following are the types of immigration waivers and how each one works:
212(i) Waivers
Persons who have fraudulently or willfully misrepresented information during the visa process or provided false information on immigration documents.
212(h) Waiver
This waiver may offer legal permanent residents who have been convicted of prostitution and other crimes of moral turpitude as an avenue to avoid deportation and keep their green card.
212(c) Waivers
Legal permanent residents who have been placed in a removal proceeding due to a conviction of criminal activity may apply for this waiver to avoid deportation. A 212(c) waiver cannot be granted for the following reasons:
- Person has departed and is living outside of the U.S.
- Person has as unlawfully returned to the U.S. after removal or deportation.
- Person is in the U.S. without admission or parole.
I-601 and I-601A Waivers
These waivers may be used in the following situations:
- Individuals with prior criminal convictions
- Unlawful presence in the United States
- Misrepresentation and other grounds for inadmissibility into the United States
What to Do If Your Immigration Waiver Has Been Denied
If you have filed an I-601 waiver and were denied, there is no option to appeal the decision. For this reason, it’s crucial to be impeccable when initially submitting the form. For all other waiver denials, you may have other options and if qualified, you may be able to resolve your immigration issue through the following:
If your waiver has been denied, it’s crucial to consult an experienced immigration attorney as soon as possible to be informed of your rights and the best course of action.
Why Having an Immigration Attorney is Crucial
The waiver application process is complicated, and individuals who attempt to take on immigration law alone will be detrimental to their case. An experienced immigration attorney can guide you through the waiver application process and help you gather the necessary evidence and documentation related to your case. Having an attorney on your side can increase the chances of getting your waiver application approved.
If you or a loved one needs assistance with immigration waivers, our team of experienced immigration lawyers can help. Contact Yekrangi & Associates at (949) 478-4963 for more information about how we can help you with all your immigration needs.