Immigration Waiver Attorneys
Immigration waivers, also known as waivers, are legal remedies that a person may use in an immigrant visa process, adjustment of status, or certain nonimmigrant statuses. Waivers can also be defined as an exception that applies when a person wishes to obtain a visa, a green card, or any other immigration benefit that could not be obtained without a waiver.
There are different types of waivers with categories that help explain how this type of special permission works.
We have the I-212 waiver
This is a request for permission to reapply for admission to the United States after a person has been deported or removed from the country. In the event that a person has been deported from the country and wishes to return, they must apply for this type of request through a form that would give them the opportunity from the United States government to return to the country.
The person must keep in mind that they must not enter the United States until their waiver request has been approved. This type of waiver can be requested during the period of punishment imposed according to the circumstances or violation committed by the immigrant who has been deported to their country of origin. There are penalties that range from 3, 5, 10, and 20 years of remaining outside the United States without being able to return, and an agreement is also established based on the violations or crimes committed that led to the deportation.
We have the I-601 waiver
This type of waiver is requested when the immigrant wishes to obtain permanent residence in the United States and cannot do so in other circumstances because they are not eligible due to moral crimes, prostitution, drug possession, contagious mental or physical diseases, as well as immigration fraud or lack of vaccinations.
In order to qualify for this type of waiver, the person must have at least one family member who is a U.S. citizen or permanent resident. These may include parents, children, or spouses who can demonstrate that they would suffer extreme hardship or face serious difficulties if this waiver is not approved for the applicant.
We have the I-601A waiver
This type of waiver can be used when the immigrant wishes to obtain permanent residence and does not have a criminal record or any cause that would make them inadmissible to the application, with the only violation being having entered the country illegally. This type of waiver is used when the person is inside the United States and is in a consular process to obtain permanent residence.
Who can apply for the I-601A waiver
Those immigrants who entered the United States without border inspection and who have a spouse or family member who is a U.S. citizen or resident, or who have a father or mother who is a citizen or resident of the country.
How long does waiver approval take?
After COVID, the waiting time for approval ranges from 24 to 31 months depending on the location where the person qualified. If more than 31 months have passed and you have not received a response, you should consult with the U.S. Citizenship and Immigration Services to find out why your case has been delayed.
Who are the people who do not need a waiver?
- People who entered the country illegally and have family members who are veterans or belong to the armed forces.
- Personas People who entered the country illegally and are protected under law 245(i).que entraron de forma ilegal al país y están protegidos bajo la ley 245(i).
- People who entered the United States illegally and were victims of violence or psychological abuse (VAWA).
- People who entered the United States illegally under the age of 21.