Waiver Hearings

Provisional Unlawful Presence Waiver Attorney

It is important to understand who may benefit from the new process of considering waivers of unlawful presence or “inadmissibility”. Most people think inadmissibility only refers to the status of immigrants who are outside the United States and are ineligible to enter the country. However, inadmissibility commonly refers to certain individuals who were legally admitted but are now ineligible (over-stayed their visa) and individuals who entered into the country illegally and would be eligible to adjust their status to a permanent resident, but for the fact that they were not inspected at a port of entry. These individuals must file a Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds of inadmissibility.

In order to be eligible to file a waiver of inadmissibility, you must meet certain requirements which include the following:

1)      You must be physically present in the United States;

2)      Be at least 17 years old;

3)      You are the beneficiary of an approved immigrant petition (form I-130);

4)      Have an immediate relative who is a U.S. citizen (spouse, child, or parent);

5)      You are only inadmissible on account of unlawful presence (ie. entrance without inspection) and;

6)      A denial of the waiver would result in extreme hardship to you, or your U.S. citizen/permanent resident spouse or parent.

Moreover, other eligible applicants can include Temporary Protected Status “TPS” applicant and Violence Against Women Act “VAWA” self-petitioner applying for adjustment status or an immigrant visa.

Inadmissibility Waiver Hearing Lawyer

As of March 4, 2013, certain immigrants who would like to adjust their status to that of a permanent resident green card holder, can now apply for a provisional waiver while still living in the United States. According to the old law, these individuals would first have to leave the country, triggering inadmissibility, and return to their home country where they had to then apply for an immigrant visa. Once they are denied a visa because of the inadmissibility issue, they could then apply for a waiver based on extreme hardship. This process can take a very long time and the individual will be forced to stay outside the United States during the entire procedure, and thus keeping your family separated and aggravating the hardship. The main advantage of the new law is that it allows a person to remain physically present in the U.S. during the waiting period of the waiver application. However, it is important to understand that the immigrants will still have to depart the country and receive an immigrant visa abroad, but they would do so only after they know the results of their waiver application. This way the process is greatly expedited and family separate is substantially minimized. It is important to note that applicants who have criminal convictions under INA section 212(a)(2) or other immigration violations cannot use the provisional waiver procedure. For instance, an individual with certain criminal convictions would require a separate waiver under INA section 212(h) which is filed under Form I-601.

Related Information on Immigration Waivers