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.
— 06 — I-601A · I-601 · I-212
Forms of Forgiveness
Common Types of Waivers
Depending on the reason for inadmissibility
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1. 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. - 2. 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, and unlawful presence if the applicant is already outside the United States.
- 3. 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.
- 4. Deportability Depending on the reason for inadmissibility / Deportability.
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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.
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