Waivers

The government must deny an immigration application under certain circumstances because of a person’s criminal record and/or immigration history. U.S. immigration law can find that a person is ineligible — or “inadmissible” — to come to the U.S. or to obtain a visa or other immigration benefit if he or she commits certain acts. A person can be found “inadmissible” if he or she:

• Has been convicted of a certain crime or engaged in certain acts
• Violated his or her immigration status in certain ways (e.g., been unlawfully present in the U.S. for a certain amount of time and left the U.S.)
• Has been physically deported or removed from the US
• Has a prior order of removal/deportation, but never departed the US

Some grounds of inadmissibility can be waived by the U.S. government if certain conditions are met. Sometimes, an applicant must apply for the waiver outside the country and other times, the waiver can be filed from within the U.S. To waive a ground of inadmissibility, a person typically — but not always — has to prove extreme hardship to family members. Waiver applications are best prepared with full client cooperation and the dedicated attention of an experienced immigration lawyer. Clients should work closely with a skilled immigration lawyer to present evidence to support a legal brief prepared by the attorney. Waiver applications are often difficult to win and require carefully presented evidence and legal arguments. Our office will review your case and provide an honest assessment of a waiver application.