If something is not perfect in person’s immigration or personal history, a waiver is required to resolve a problem.

Waiver Overview:Law Library

Waivers are special exemptions from the general rules that USCIS or an Immigration Judge may grant on case-by-case basis. Waivers cure issues related to inadmissibility or deportability. Standards for waivers are very high and require substantial documentation in support. To apply for a waiver an applicant must meet qualifying criteria, submit an appropriate application form, pay the filing fee and prepare extensive supporting documentation and arguments.

The most common waivers are I-601 or I-601A waivers of inadmissibility. Such waivers are available for prior unlawful presence or visa overstay in the United States, misrepresentation or fraud in applying for a U.S. visa, green card or other immigration benefits, certain criminal violations, crimes of moral turpitude and other issues.

To be eligible for a waiver, it must be demonstrated that a US citizen or lawful permanent resident spouse or parent (called a “qualifying relative”) of the applicant would suffer an extreme hardship if he or she would have to live in the United States without the applicant or if he or she would have to move to another country to live with the applicant. Extreme hardship arguments rely on the number of factors that must be clearly addressed in the supporting evidence. Only hardship to the United States citizen or permanent resident parents or spouses may be considered. Hardships to the foreigner are not taken into consideration. Hardships to the applicant’s U.S. citizens or permanent resident children or are not taken into consideration.

Our Law Firm is experienced in representing clients in the extreme hardship waiver process before USCIS, Immigration Court and Consular offices. We will advise and assist in this complex process by identifying qualifying factors, presenting appropriate evidence, drafting hardship argument summary, and representing a client in all stages of such case.

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