Waivers in Immigration Law

Waivers are a form of relief that allows certain individuals who are otherwise inadmissible to enter or adjust their status in the United States. There are several different types of waivers available in immigration law, including:

• I-212: This is a waiver of inadmissibility for individuals who have been previously deported or removed from the United States. It allows them to apply for permission to reapply for admission into the United States.

• I-601: This is a waiver of inadmissibility for individuals who are inadmissible due to certain grounds such as certain criminal convictions, fraud, or misrepresentation. It allows them to apply for a green card or other immigration benefits.

• I-601A: This is a provisional waiver of inadmissibility for certain individuals who are the immediate relatives of U.S. citizens (spouses, children, and parents) and who are inadmissible only due to being present in the United States without authorization. It allows them to apply for a waiver of inadmissibility in the United States before departing for consular processing of their immigrant visa.

Qualifying Relatives

When applying for a waiver such as the I-212, I-601, and I-601A, it's important to understand who would qualify as a qualifying relative.

• For the I-212 waiver, a qualifying relative would typically be a U.S. citizen or legal permanent resident spouse, parent, or child. This waiver is for individuals who have been previously removed or deported from the United States and wish to return, and the hardship that would be caused to the qualifying relative if the applicant were not allowed to return to the United States is taken into consideration.

• For the I-601 waiver, a qualifying relative would typically be a U.S. citizen or legal permanent resident spouse, parent, or child. The hardship that would be caused to the qualifying relative if the applicant were not allowed to enter or remain in the United States is taken into consideration.

• For the I-601A waiver, a qualifying relative would typically be a U.S. citizen spouse or parent. The hardship that would be caused to the qualifying relative if the applicant were not allowed to enter or remain in the United States is taken into consideration. This waiver is for certain immediate relatives of U.S. citizens who are inadmissible due to unlawful presence in the United States and wish to obtain a green card without having to leave the country and apply for an immigrant visa abroad.

It's important to note that the qualifying relative for these waivers can vary depending on the specific facts of the case and the discretion of the immigration officer. An experienced immigration attorney can help you understand who would qualify as a qualifying relative and the best way to demonstrate the hardship that would be caused if the applicant were not allowed to enter or remain in the United States.