Waivers

INTRODUCTION

Immigration Waivers are very difficult to obtain approval.  All waivers are waivers of inadmissibility.  For one of many reasons, a person may not enter the United States because they are inadmissible.  There are several different types of waivers that we will discuss below.  Generally, to have USCIS approve an I-601 waiver of inadmissibility, the applicant must prove the qualifying relative will suffer extreme hardship.  As an experienced Immigration Lawyer, Las Vegas Immigration Attorney Robert West can guide you through the I-601 immigration waiver process.

Types of Waivers:

Fraud Immigration Waiver:

This waiver is for intending immigrants who the USCIS or Department of State have found the person has committed immigration fraud or immigration misrepresentation.  One example that is common is for a person to enter the United States on a student visa but the person never attends school.  Then, a period of time later the person meets and marries and American Citizen.  The U.S. Citizen files papers to immigration a spouse.  There is a high probability that a USCIS adjudications officer will find that the former student committed fraud because they never intended school.  The USCIS will request an I-601 waiver of inadmissibility.  Unless the waiver is approved by USCIS, the intending immigrant is unable to be approved for lawful permanent residency.  As an experienced and skilled Las Vegas Immigration Lawyer, Robert West can help analyze the situation and help prepare an immigration waiver that can be approved by USCIS.

Criminal Immigration Waiver:

This waiver of inadmissibility is for a person who has been convicted of certain crimes and now is inadmissible to the United States.  One of the most common situations is a person who has been convicted of marijuana possession less than 30 grams.  The standard to have an immigration waiver of inadmissibility approved is extreme hardship to the qualifying relative.  If you need a criminal immigration waiver of inadmissibility, please contact Las Vegas Immigration Lawyer Robert West to discuss your particular situation.

Unlawful Presence Immigration Waiver:

This is probably the most common waiver of all of the immigration waivers of inadmissibility.  This immigration waiver is triggered when a person comes to the United States with permission or the person enters with permission but overstays for more than six months and then the person departs the United States.  The act of leaving the United States trigger the three year or ten years bar depending how long the person stays in the United States without status.  If you think you may need one of these immigration waivers, please contact Las Vegas Immigration Attorney Robert West to assist you and your family.

Provisional I-601A Immigration Waiver:

This immigration waiver is nearly identical to the unlawful presence waiver above.  However, this waiver is different because the papers are filed for the waiver prior to your departure to your home country for final processing.  If you have any other type of situation, this waiver is not for you.  It’s for unlawful presence only.  USCIS will review and either grant or deny the waiver prior to your family member departing the United States.  This is a provisional waiver.  That means that the U.S. Consulate or Embassy will review everything and can still deny an approval if they find something that is not consistent with the USCIS approval in the United States.  Also, if the I-601A is denied, a person can file the regular I-601 after an interview at a U.S. Consulate outside of the United States.  If you would like an I-601 provisional waiver, please contact Las Vegas Immigration Lawyer Robert West.

J-1 Immigration Waiver:

This type of waiver is for a person who had a J-1 or J-2 non-immigrant visa who was subject to the two year home residency requirement.  This requirement means the person must physically return to their home country for a two year period.  There are five bases for obtaining a J-1 waiver that we will discuss below.

No Objection Statement:

If your country does not object to the waiver in writing, then that is one basis for a j-1 waiver.  Please note that foreign medical graduates are unable to use this basis to waive their two year home residency requirement.

Request By U.S. Government Federal Agency:

Any U.S. Government Agency may make this request if they feel that an employee leaving for two years would be detrimental to that particular agency.  This is probably the rarest of grounds for a J Waiver.

Persecution:

If you believe you will be persecuted in your home country because of your race, religion, or political opinion, you can file for a J-1 Waiver based on persecution if you return to your home country.  This is similar to a political asylum claim.

Exceptional Hardship:

If your U.S. Citizen Spouse, Permanent Resident Spouse, U.S. Citizen Child or Permanent Resident Child would suffer exceptional hardship due to your return to your home country for two years, you can file a J-1 Waiver based on exceptional hardship to a qualifying relative.

Request By A State Public Health Department:

This basis for a J Waiver is for foreign medical graduates only.  If a state health department wanted to employ you under the Conrad program on an H-1B visa, then this would be the type of J-1 Waiver needed to waive the two year home residency requirement.

If you need a J-1 Waiver, please contact Las Vegas Immigration Lawyer Robert West to review the situation and see what basis would be your best opportunity to obtain a J-1 immigration waiver.