Areas of Representation

Waivers

The waiver process in immigration refers to a legal mechanism that allows certain individuals to request an exemption or forgiveness for certain grounds of inadmissibility or deportability that would otherwise prevent them from entering or remaining in a country. A waiver grants a waiver applicant the opportunity to have their application approved despite specific immigration-related issues or violations.

In the United States, waivers are commonly requested in situations where an individual is deemed inadmissible or deportable due to certain factors, such as criminal convictions, immigration violations, or health-related issues. Depending on the specific circumstances, different types of waivers may be available.

This is an overview of the waiver process:

1. Eligibility Assessment: An immigration attorney or legal representative evaluates the individual’s circumstances to determine if they are eligible to apply for a waiver. Eligibility criteria can vary widely depending on the type of waiver and the underlying grounds of inadmissibility or deportability.

2. Application Preparation: If eligible, the applicant or their legal representative prepares the waiver application. This includes gathering relevant documents, evidence, and information to support the waiver request. The application should also include a detailed explanation of why the waiver should be granted and why the individual’s situation warrants an exemption from the usual grounds of inadmissibility or deportability.

3. Submission of Application: The waiver application is submitted to the appropriate government agency or immigration authority along with any required filing fees. In the U.S., for example, waiver applications are typically submitted to the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State, depending on the context.

4. Review and Decision: The immigration authority reviews the waiver application, including the supporting documents and the applicant’s explanation. They assess whether the applicant meets the eligibility criteria and whether there are compelling reasons to grant the waiver. The reviewing officer considers factors such as family ties, humanitarian reasons, and the impact of denial on the applicant and their loved ones.

5. Adjudication: The immigration authority will issue a decision on the waiver application. If the waiver is approved, the individual is granted an exemption from the grounds of inadmissibility or deportability specified in their application. This allows them to continue with their immigration process, such as obtaining a visa, adjusting status, or avoiding deportation.

Waiver processes can be complex and require a thorough understanding of immigration law, regulations, and procedures. It’s often recommended to seek guidance from an experienced immigration attorney when applying for a waiver to increase the likelihood of a successful outcome. Waivers play a crucial role in allowing certain individuals to overcome specific immigration-related obstacles and achieve their immigration goals. Depending on the case, waivers are based on hardship, and extreme hardship in qualifying relatives, out team of Attorneys has wide experience representing clients seeking waivers in the U.S. or while living abroad to allow them to reenter the U.S.