Waivers in General

Waivers - Family

Apply for a Waiver of Inadmissibility

Don’t give up your wishes of coming to the United States just yet. If you’ve been told that you are inadmissible, you may qualify for a waiver of such inadmissibility. With the waiver, you’ll be able to enter the U.S. You should contact Attorney Tharpe as soon as possible to discuss your options. We do consultations on some Saturdays!

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The Waiver of Inadmissibility is a chance to be reunited with loved ones in the United States.

The Attorney at ST Law Office, PLLC is experienced with waivers of inadmissibility. ST Law can help you determine your eligibility for the waiver and help you prepare a compelling waiver application.

Eligibility for a Waiver

Eligibility for a waiver of inadmissibility depends on the ground on which you are inadmissible. The most common grounds of inadmissibility and the applicable waivers include:

Waiver for Criminal Grounds

You must be the spouse, child or parent of a U.S. citizen or Legal Permanent Resident (LPR), and one or more of the U.S. citizen or LPR relatives (qualifying relatives) must experience extreme hardship if you are not permitted to enter the U.S. The specific requirements of this INA 212(h) waiver depends on how long ago the crime occurred. Read more by clicking the link above.

Waiver for Dangerous and Violent Criminal Grounds

You must be the spouse, child or parent of a U.S. citizen or Legal Permanent Resident (LPR), and one or more of the U.S. citizen or LPR relatives (qualifying relative) must experience exceptional and exremely unusual hardship if you are not permitted to enter the U.S. Read more by clicking the link above.

Waiver for Fraud, Misrepresentation and Certain Immigration Violations

For Fraud and/or Misrepresentation, you must be the spouse or child of a U.S. citizen or Legal Permanent Resident and the officer must see fit to grant the waiver based on his or her favorable discretion. Read more by clicking the link.

For Unlawful Presence, you must be the spouse or parent of a U.S. citizen or Legal Permanent Resident (LPR) who will experience extreme hardship if you are not permitted to enter the U.S. If you are currently living in the U.S. and unlawful presence is your only inadmissibility, you should read more about the Provisional Unlawful Presence. The Provisional Unlawful Presence waiver allows you to apply for the waiver from in the United States before you leave to attend a consular interview.

There is no waiver for Smuggling unless you smuggled your spouse, parent, son, or daughter at the time of entry into the U.S. If this applies to you, you must show the officer that the waiver should be granted for humanitarian purposes, to assure family unity, or because it is otherwise in the public interest. Read more by clicking the link above.

Provisional Unlawful Presence Waiver

You must be the spouse or parent of a U.S. citizen or Legal Permanent Resident (LPR), and one or more of the U.S. citizen or LPR relatives (qualifying relatives) must experience extreme hardship if you are not permitted to enter the U.S. This provisional waiver takes a lot of uncertainty out of the process by waiving your inadmissibility before you leave the country to go to the consular interview at the foreign embassy. Read more by clicking the link above.

Waiver for Inadmissibility Based on Health Grounds – file Form I-601

You are inadmissible on the basis of a health condition if you’ve been found to fall under one of the following categories:

  • Certain Communicable Diseases
  • Lack of Required Vaccinations
  • Certain Physical and Mental Health Disorders that present a danger to others

The eligibility requirements depend on the specific ground for which you are inadmissible. Read more by clicking the link above.

Waivers for Non-immigrants (Hranka Waiver)

This type of waiver is available for non-immigrants applying for temporary U.S. visas but who are inadmissible. The waiver applies broadly to different grounds of inadmissibility. There is no requirement to have a qualifying relative to be eligible. However, the officer examines whether or not you meet the requirements of the Hranka test. Your waiver will be granted if the officer sees fit to exercise favorable discretion. Read more by clicking the link above.

Application for Permission to Reapply for Admission into the United States After Deportation or Removal

If you’ve been deported or removed and you are within the time period for which you are barred from returning to the U.S., you must apply for permission to apply for readmission. This is not a waiver. It only gives permission to apply to come back to the U.S. It does not waive any grounds of inadmissibility. Therefore, if in addition to a previous deportation, you also have a ground of inadmissibility, you’ll need to apply for a waiver on those grounds. Whether or not you get an approval on the permission to reapply is based on the favorable discretion of the officer. Read more by clicking the link above.

You should be certain that you include all grounds of inadmissibility in the waiver application. If you include one ground in the application but exclude other grounds from the application, you will still be inadmissible even if you are granted a waiver for the grounds you applied for. This is why it is very important for an Attorney to review your facts to determine whether there are more than one applicable grounds of inadmissibility.

The Waiver Application Process

Once you’ve identified the grounds on which you are inadmissible, you will need to submit the applicable immigration form with supporting evidence. You will file the waiver Form I-601 Application for Waiver of Grounds of Inadmissibility if you are applying for a green card (permanent residence). If your only ground of inadmissibility is unlawful presence and you are in the United States, you must submit the Form I-601A Application for Provisional Unlawful Presence Waiver. You must attach evidence and the filing fee to a USCIS office.

However, it is not as simple as completing and sending a form. This is the mistaken assumption of many individuals. Your application must be detailed and thorough.

Most of your time will be spent preparing your statements and explaining the legal reasons you should be granted the waiver. You must submit evidence to support those reasons. Evidence includes affidavits of the applicant, experts and others. For each statement that the applicant presents, it is highly recommended to attach corroborative evidence.

The specific evidence depends on the requirements of the waiver application. For example, you need to show rehabilitation to be granted a waiver of a criminal inadmissibility. The evidence should include a certified police certificate showing a clean record since the last conviction.

At times the circumstances surrounding the inadmissibility may present complex legal questions. This is where it is very important that an attorney review the issues and prepare legal arguments to support your application. Bottom line, the attorney on your case should be your best friend during the preparation of your waiver application.

Why ST Law?

For a flat fee, the Attorney will work closely with you to provide full representation during the application process. The Attorney will:

  • Prepare a legal brief.
  • Prepare compelling evidence in support of a waiver approval.
  • Prepare and file the necessary forms.
  • Communicate with the USCIS and/or embassy regarding the waiver.
  • Complete any applicable follow up documents or request for evidence.
  • Handle any related immigration legal issues that arise.

Attorney Tharpe personally handles her waiver client applications. She has multiple meetings with her clients and thoroughly reviews their background and circumstances to prepare a compelling waiver application. This is a crucial aspect of the waiver application preparation. Attorney Tharpe must understand the personal circumstances of her clients, to do what she does, which is to advocate effectively for a waiver approval.

Where necessary, she consults experts to evaluate her clients’ situation. For example, an international domestic violence expert can objectively explain why a female domestic violence victim has a criminal record for assault in a country that does not protect women from such violence.

Preparation of the waiver by an experienced immigration attorney like Attorney Tharpe is crucial and well worth your time and money. Since the waiver process does not require an interview with the deciding officer, it is important to be able to effectively convey your story and your good character throughout the application. It is just as important to clearly present the legal basis for the waiver approval to the officer. After you submit the waiver, there is less opportunity to cure mistakes. So do it right the first time.

Processing Times

The processing time is currently 18 months to 2 years. Processing times also depend on your particular circumstances and how quickly you respond to requests from the immigration service. To ensure the fastest possible time, ST Law expeditiously responds to requests from the service.

What is the cost to apply for a waiver of inadmissibility?

ST Law charges a flat fee based the work that will need to be done. The fee depends on the time to complete the case, your particular needs and the issues involved. ST Law charges a flat initial consultation fee of $300, to provide detailed legal advice for up to an hour. If you choose to retain her for full representation, you will receive a flat fee quote at the consultation.

In addition to the legal fee, You will spend on filing fees and expenses. Below is the estimated cost of filing fees and associated expenses.

Waiver of Inadmissibility

I-601 Application: $930

I-601A Application (for unlawful presence only): $630 + $85 Biometrics fee

I-212 Application (if applicable): $930

You should budget for other related costs associated with the process. You may need to submit the waiver application with another type of visa application or with the I-212 Application. Each type of application form may require an additional filing fee. Other expenses apply. These expenses include but are not limited to travel expenses, making copies of documents, the cost of one or more expert witness affidavits and certified documents.

Schedule your consultation now – Saturday consultations available!

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Additional Resources:

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Read more about Attorney Sharifa Tharpe

Filing Inadmissibility Waiver Tips During the Green Card Process

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