A Second Chance to Fix Your Status
Immigration law can be strict—but in many situations, there is a way to ask for forgiveness. That’s where immigration waivers come in. If you or a loved one is facing a bar to obtaining a green card, visa, or other immigration benefit, a waiver may allow you to move forward and stay with your family in the United States.
What Is an Immigration Waiver?
An immigration waiver is a formal request asking the U.S. government to “forgive” certain immigration problems, such as:
- Entering the U.S. without permission.
- Staying in the U.S. longer than allowed (overstaying).
- Certain misrepresentations or fraud (for example, using someone else’s documents).
- Some criminal issues (case-by-case).
- Being previously ordered removed or deported.
When a waiver is approved, it can remove or reduce a legal bar so your green card, visa, or other application may be approved.
Common Situations Where a Waiver May Help
You may need a waiver if:
- You entered the U.S. without a visa and now want to apply for a green card through a U.S. citizen or resident family member.
- You have more than 6 months or 1 year of “unlawful presence” in the U.S. and are subject to a 3- or10-year bar.
- You were told at a consular interview that you are “inadmissible” but might qualify for a waiver.
- You used false information or documents to enter the U.S. or obtain a benefit in the past.
- You were deported or ordered removed and now want to return legally.
Every case is different. A careful review is essential before filing any waiver.
Types of Waivers We Commonly Handle
Waiver for Unlawful Presence
For people who have lived in the U.S. without lawful status and face a 3- or 10-year bar when they leave.
Provisional Waiver (Unlawful Presence Waiver Filed in the U.S.)
This waiver lets certain family-based applicants apply for forgiveness of unlawful presence before leaving the U.S. for their consular interview, reducing the time away from their families.
Waiver for Misrepresentation or Fraud
People who gave incorrect information or used false documents in the immigration process are now considered inadmissible because of that.
Waiver After Removal / Deportation
For people who were deported or removed and need permission to return to the U.S. lawfully.
Other Case-Specific Waivers
Some waivers are tied to specific grounds of inadmissibility or specific types of applications. We can help identify which ones may apply to you.
Who Can Qualify for a Waiver?
Eligibility depends on the type of waiver, but many waivers require you to show that:
- You have a qualifying relative (often a U.S. citizen or permanent resident spouse or parent), and
- That person would suffer extreme hardship if your application is denied or you cannot return to or remain in the U.S.
Extreme hardship is more than normal sadness or financial stress. Immigration officers look at factors like:
- Serious medical conditions and who provides care.
- Financial impact and loss of income.
- Educational disruption for children.
- Safety or conditions in the home country.
- Emotional and psychological impact.
- Family ties in the U.S. versus abroad.
We work closely with you to understand your family’s story and gather strong evidence to support your waiver.
Our Approach to Waiver Cases
Waiver cases are evidence-heavy and detail-sensitive. A small mistake or missing document can lead to a denial or long delays.
When you work with our office, we:
- Review your full immigration history, including entries, exits, prior applications, arrests, court records, and any prior orders from immigration.
- Identify the correct waiver or waivers that may apply to your situation.
- Build a powerful hardship package with medical records, psychological evaluations (if appropriate), financial documents, school records, country condition reports, and personal statements.
- Prepare detailed legal arguments explaining how your situation meets the legal standard for extreme hardship or other applicable requirements.
- Guide you through every step, from forms and filing to biometrics, consular processing, and interview preparation.
Why Work with an Immigration Attorney on Your Waiver?
- Waivers are complex: You are asking the government to overlook serious immigration issues—this requires a precise legal strategy.
- Your past matters: Prior entries, misrepresentations, arrests, or deportations must be analyzed carefully to avoid making things worse.
- Your family’s future is at stake: A strong waiver can mean the difference between staying together in the U.S. or being separated for years.
Our immigration team focuses on helping families overcome barriers and move forward with their lives legally and safely.
Frequently Asked Questions About Immigration Waivers
1. How long does a waiver process take?
Processing times vary depending on the type of waiver and where it is filed. It can take many months and sometimes more than a year. During your consultation, we will give you a current estimate based on your type of case.
2. Does approval of a waiver guarantee my green card, or visa will be approved?
No. A waiver only addresses specific grounds of inadmissibility. You must still qualify for the underlying benefit (green card, visa, etc.), and officers can review other aspects of your case.
3. What happens if my waiver is denied?
You may have options, such as refiling with stronger evidence, appealing, or exploring other forms of relief. We will discuss potential risks and alternatives before you apply.
4. Can I file a waiver by myself?
You can, but because waivers involve complex law and detailed evidence of hardship, many people choose to work with an attorney to reduce mistakes and strengthen their case.
5. How do I know if I even need a waiver?
You may not know until your history is carefully reviewed. If you have unlawful presence, prior deportations, misrepresentation, or criminal history, it is important to consult with an immigration attorney before filing any application or leaving the U.S.
Ready to Talk About a Waiver?
If you think you may need a waiver—or received a letter or decision saying you are “inadmissible”—don’t ignore it and don’t guess.
Call us today 678-503-2780 to schedule a confidential consultation.
