Waivers

young man on a table. worried expression

In general, Applicants for immigration benefits must prove that they are eligible to come in or admissible to the United States. If you are ineligible for any medical, financial, criminal or other reason there are certain waivers that you can file which if approved could allow you to overcome the inadmissibility finding in your case. There are multiple waivers available such as to forgive an applicant for a drug conviction (such as simple possession of marijuana), for lying or misrepresentation or for having accumulated unlawful presence in the United States, among others. 

There is no specific type or amount of evidence necessary to establish eligibility for a waiver. Typically, the evidence should support all eligibility requirements, be specific, and come from a credible source. It should also substantiate the applicant’s claims. The instructions on the immigration forms do not specify the legal standards or case law involved in the officer’s determination of a waiver. For this reason, it is extremely important to hire an experience immigration attorney to present a very detailed and compelling waiver.  

Sometimes, the immigration officer could make an erroneous determination that an applicant needs to file a waiver. Our office has been able to avoid filing unnecessary waivers by discussing the inadmissibility findings with an officer during an interview for an application. However, if you attend the interview without legal representation it is sometimes harder for an attorney to be able to argue against the need to file a waiver at a later date. 

Finally, sometimes you need to be outside of the United States in order to be able to file a certain type of waiver. For example, the Form I-601A waiver which is filed while the applicant is inside the US only excuses unlawful presence for certain spouses or children of US citizens or Permanent Residents. If after this waiver is approved, the consular officer determines that you fall under a different inadmissibility ground (such as alien smuggling due to entering the U.S. with your children) then you will need to file a new waiver while you are outside the United States.

Do not trust your immigration case to just anybody. At Acosta & Fraga Law, PLLC we have successfully prepared multiple waivers for many inadmissibility findings and know exactly what the law requires for an approval. Let us guide you through this very complex area of the law which should not be trusted to non-lawyers or to those lawyers without the necessary immigration law experience.