Waivers
Waivers
Adjudicators read waiver applications all day, spending approximately 40 minutes to decide whether or not to grant your waiver. How do you make your case stand out from the rest in that 40 minutes? The key is in telling your story in a concise, compelling way. Our attorneys use storytelling techniques to create a strong waiver application that will set your case apart. If you need a waiver, schedule a consultation with one of our experienced attorneys so that we can help you tell your story and maximize the chances of approval.
Our Process
- Schedule a consultation where we will make a plan for your waiver.
- We will meet with you to listen to your story and brainstorm strategy for your waiver.
- After receiving documents from you, we will prepare your waiver with all of the necessary paperwork.
Frequently Asked Questions
Can I qualify for a green card if I entered the United States without permission and am living in the U.S. unlawfully?
Many persons qualify for a waiver under these circumstances (Form I-601A).
When do I need to apply for a provisional unlawful presence waiver?
The best time to file the waiver is as soon as the family petition is approved and the green card case begins. The provisional unlawful presence waiver needs to be submitted and approved before you depart the United States for an interview in your home country.
How does the government decide if someone can get a provisional waiver for unlawful presence?
The government considers whether your U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship if you are separated or if they have to leave the United States to be with you. Although it is a high standard, it can be overcome through careful documentation of the hardship to your family member.
If I need a provisional waiver for unlawful presence, how long will I need to be outside of the United States for my interview in my home country?
The majority of the process is completed in the United States, and the provisional waiver is approved before you leave for your interview. If everything is prepared well in your case, you will only need to leave the U.S. for approximately 1-2 weeks for your interview.
What other types of waivers are available during the immigration process?
Some of the most common additional types of waivers are for bringing family members into the country unlawfully (which immigration officials consider as smuggling), misrepresenting information to immigration officials, criminal convictions, and prior removal orders.
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