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viviana@vpardilalaw.com
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Waivers
In immigration law, being declared inadmissible or deportable is not always the end of the road. A Waiver is a special request where we ask the government to overlook a previous violation to allow you to obtain your visa or residency. These cases are legally complex and require demonstrating a profound impact on your family. My firm specializes in building solid cases that transform a denial into an approval.
Common Types of Waivers
Depending on the reason for inadmissibility, we apply using different forms:
- I-601A Waiver (Provisional Unlawful Presence): Designed for those who entered without a visa or overstayed and are physically in the United States.
- Great Advantage: It allows you to apply for the waiver before leaving the country for your consular interview, minimizing the time of family separation.
- Requirement: It only waives unlawful presence.
I-601 Waiver (General Inadmissibility): Used to waive a broader range of violations, such as:
- Fraud or misrepresentation of documents.
- Certain criminal records (crimes involving moral turpitude).
- Public health reasons.
- Unlawful presence (if the applicant is already outside the United States).
I-212 Waiver (Reentry after Deportation): For individuals who have been previously deported or have a removal order and wish to request legal permission to return before their bar (of 5, 10, or 20 years) expires.
Frequently Asked Questions (FAQ)
Can I request a waiver because of my citizen children?
For most unlawful presence waivers (I-601/I-601A), children are not considered “qualifying relatives.” Hardship must be demonstrated regarding a citizen or resident spouse or parent. However, the impact on the children is used as indirect evidence of the hardship faced by the spouse.
How long does a waiver take in 2026?
It’s important to strategize your waiver to improve your chances of approval.
Does a waiver guarantee that I will be granted a visa?
A waiver removes the obstacle of inadmissibility. Once approved, you must continue to meet all other consular requirements, but the legal path remains clear.
LET US START YOUR PROCESS!
Payment options
Zelle:
viviana@vpardilalaw.com
Please include the client’s name in the memo section.
A 3% surcharge will be applied to credit card payments, not to exceed the cost of acceptance.
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