Immigration Law - What is a Waiver and How do I Get One?

Immigration Law - What is a Waiver and How do I Get One?

Immigrants seeking a path to stay in the U.S. may find themselves inadmissible to the come into the country by the United States Citizenship and Immigration Services (USCIS) (or the Department of State – USDOS). What this means is, while you might be eligible for a Green Card, a USCIS officer may find you ‘inadmissible’ for reasons pertaining to health, immigration or criminal law violations, security or need of public assistance upon entering the U.S.

Some individuals learn they are inadmissible before submitting for a visa or green card. If this is the case, they can submit the visa or green card application with an I-601 (or I-601A) waiver application on their own or with a lawyer.

Other individuals may learn that they are inadmissible at their green card or visa interview. If this happens, the individual can submit a waiver at that time, if available, or seek an immigration attorney to help file one. These persons will likely be given additional time to provide this waiver.

Filing an I-601 or I-601A Waiver

The USCIS will be responsible for processing your I-601 (or I-601A) waiver. USCIS currently is taking between 7 and 14 months (maybe longer) depending on your particular circumstances. Stay in contact with USCIS to learn about your status by calling the phone number on your I-797 receipt or work through your immigration attorney who can do this for you. To win a waiver, you typically need to show that you have a US Citizen or a Lawful Permanent Resident Spouse or Parent who would suffer Extreme Hardship without you.

Many steps can be taken to prove you are a good candidate for an I-601 waiver, but to do this, we suggest you work with a qualified immigration attorney. At Landerholm Immigration, our immigration lawyers can look at your case specifics and identify what characteristics, evidence and documentation are needed to provide this kind of proof.

Give us a call today to set up an appointment so we can get you on the right and legal path to U.S. citizenship or green cards status.

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