An immigration waiver is a request to overlook or forgive a certain factor that would normally disqualify a person from being allowed to enter the United States or from adjusting their immigration status. There are many different types of waivers available in immigration law, each with its own specific requirements and considerations.

I-212 Waiver

One such waiver is the section 212(c) waiver, which is available to certain non-citizens who are facing deportation proceedings in immigration court. This waiver allows the person to request a waiver of certain grounds of deportability, including crimes of moral turpitude, controlled substance offenses, and multiple criminal convictions.

To be eligible for a section 212(c) waiver, the person must have been a lawful permanent resident (green card holder) for at least seven years and must not have been convicted of an aggravated felony. They must also show that they have lived in the United States for a long time and have strong ties to the community, and that deportation would cause extreme hardship to their family members who are U.S. citizens or lawful permanent residents.

It is important to note that the section 212(c) waiver is not available to everyone. It was eliminated by Congress in 1996 and is only available to those who were placed in deportation proceedings before that date. Additionally, the person must meet all of the eligibility requirements in order to be considered for the waiver.

I-601 Waiver

The I-601 waiver, also known as the Application for Waiver of Grounds of Inadmissibility, is a form of relief available to certain individuals who are inadmissible to the United States due to certain grounds such as prior criminal convictions or immigration violations. It allows them to overcome their inadmissibility and obtain a green card or enter the United States.

To be eligible for an I-601 waiver, an applicant must be able to demonstrate that their U.S. citizen or legal permanent resident spouse, parent, or child would suffer extreme hardship if the applicant were not allowed to enter or remain in the United States.

The extreme hardship standard is a high one and it's important to provide specific and detailed evidence of the hardship that would be caused to the qualifying relative. Examples of hardships that may be considered include, but are not limited to, financial, emotional, health, and educational hardship.

The I-601 waiver process can be complex and time-consuming, and it's important to work with an experienced immigration attorney who can help you understand the requirements, gather and present the necessary evidence, and prepare and submit your application.

It's important to note that the I-601 waiver is not guaranteed and the final decision is made by the U.S. Citizenship and Immigration Services (USCIS) at their discretion.

I-601A Waiver

The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is a form of relief available to certain immediate relatives of U.S. citizens who are inadmissible to the United States due to unlawful presence in the country. This waiver allows them to overcome their inadmissibility and obtain a green card without having to leave the country and apply for an immigrant visa abroad.

To be eligible for an I-601A waiver, an applicant must be able to demonstrate that their U.S. citizen spouse or parent would suffer extreme hardship if the applicant were not allowed to enter or remain in the United States. The extreme hardship standard is a high one, and it's important to provide specific and detailed evidence of the hardship that would be caused to the qualifying relative. Examples of hardships that may be considered include, but are not limited to, financial, emotional, health, and educational hardship.

It's important to note that the I-601A waiver is not guaranteed and the final decision is made by the U.S. Citizenship and Immigration Services (USCIS) at their discretion. Additionally, the applicant must be physically present in the United States to apply for the waiver and have a pending Immigrant Visa case with the Department of State.

If you are facing deportation proceedings and think you may be eligible for a waiver, it is important to speak with an experienced immigration attorney to assess your options and help you prepare your case. The process of applying for a waiver can be complex and time-consuming, and it is important to have knowledgeable legal representation to increase your chances of success.