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Waivers

In the context of U.S. immigration law, a waiver is a legal tool used to overcome certain immigration barriers that may prevent an individual from obtaining a visa, green card, or another immigration benefit or could lead to the removal (deportation) of someone already in the U.S. At Babila Law, we specialize in guiding our clients through the waiver process with strategic planning and meticulous attention to detail.

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There are different types of waivers for different types of immigration issues:

  1. Unlawful Presence Waiver (I-601A and I-601): If you’ve accumulated unlawful presence in the U.S. and left the country, you may be subject to a 3 or 10-year bar from returning. However, a successful Unlawful Presence Waiver can permit you to reenter the U.S. despite this bar.
  2. Criminal Conduct Waiver (I-601): Some past criminal convictions can render you inadmissible to the U.S. In certain cases, a Criminal Conduct Waiver can overcome this barrier.
  3. Fraud/Misrepresentation Waiver (I-601): If you’ve been deemed inadmissible to the U.S. due to fraud or misrepresentation in dealing with U.S. government officials, you may be eligible for a Fraud/Misrepresentation Waiver.
  4. J-1 Waiver: If you’ve participated in an exchange program in the U.S. and are subject to a two-year home-country physical presence requirement, a J-1 waiver may allow you to change your status or obtain a green card without returning to your home country.
  5. Provisional Waiver (I-601A): This waiver is for certain immediate relatives of U.S. citizens or Lawful Permanent Residents (LPRs) who are in the U.S. and are seeking immigrant visas to become LPRs, but must leave the U.S. for their immigrant visa interviews. The I-601A Provisional Waiver allows them to apply for a waiver of the three- and ten-year unlawful presence bars before leaving the U.S. for their visa interview abroad.
Obtaining a waiver requires demonstrating that a qualifying U.S. relative would experience extreme hardship if not granted. It’s important to understand that qualifying relatives, extreme hardship, and other eligibility requirements vary depending on the specific waiver.
 

Successfully applying for a waiver involves strategic planning and comprehensive preparation. It’s a task that should be handled with the assistance of a seasoned immigration attorney. Our team at Babila Law is skilled in navigating the complexities of immigration waivers. We are committed to providing our clients with the legal support and guidance they need during this critical process. Please reach out to us today to talk about your case.

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Frequently asked questions

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How can Babila Law assist?

At Babila Law, we are fully committed to protecting your rights and future. Our team will work closely with you, analyzing your unique situation and outlining your options clearly. We prioritize clear, effective communication and think it’s our duty to ease as much of your stress as possible.

We are dedicated to providing you with the highest quality legal representation in deportation defense, asylum applications, and cancellation of removal processes. To discuss your situation with an experienced immigration attorney, please [click here]. Babila Law is here to support and guide you through your immigration journey every step of the way.