Immigration Waiver Attorney

In some situations, a USCIS official may make a decision about a waiver without asking the applicant to submit a form. Examples include waivers of inadmissibility for asylees or refugees seeking adjustment of status.

Although in these instances the applicant will not need to file a form, the official must document the determination of the waiver in the applicant’s record.

A 212(d)(3) waiver is a nonimmigrant waiver that can waive almost every reason for inadmissibility to the US In addition, it does not require the applicant to have a relative who is a lawful permanent resident or US citizen or prove evidence of hardship.

A 212(d)(3) waiver can be applied to foreign nationals who:

• Apply for admission to the US as a nonimmigrant at a port of entry
• Apply for a nonimmigrant visa at a consular post abroad
• To enter the United States temporarily to visit, study or work

To grant the waiver, officials take into account three main factors:

• Whether you pose a risk to society
• Whether you have immigration violations or a prior criminal record
• Your reasons to request entry to the US

This type of waiver is not available for inadmissibility grounds such as terrorism, participation in genocide, espionage and other serious offenses.

To identify if you are eligible to apply for a 212(d)(3), contact an experienced immigration waiver lawyer at Spar & Bernstein.

There are two ways to apply for a Nonimmigrant Visa Waiver:

• Before being granted a visa: Request a waiver when you apply for a visa at a US consular post by filing Form I-601, Application for Waiver of Grounds of Inadmissibility.
• When you have a valid visa: Submit Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

The length of your bar depends on how long you stayed in the US before departing.

If you entered the country illegally, your date of entry is the beginning of the unlawful period. If your temporary visa expired, your unlawful period starts at the time of your visa expiration date.

A ten-year bar is given to individuals who were in the US illegally for more than one year.

In some situations, individuals might receive a permanent bar to enter the US In this case, a waiver is not possible.

A 212(a)(1) waiver extends to foreign nationals who have:

• Communicable diseases of significant public interest
• Certain physical and mental conditions
• Failed to obtain required vaccines

To apply for this waiver, you must show proof that:

• You have a qualifying member in the US such as a spouse, parent, unmarried child, or adopted minor child who is a U.S citizen or permanent resident
• Your qualifying family member will suffer extreme hardship if you are not allowed to enter and stay in the US
• Your qualifying family member will suffer extreme hardship if they join you abroad

When applying for a 212(a)(1) for communicable diseases, you must provide evidence that your disease can be treated in the US

When applying for a 212(a)(1) for physical or mental disorder, you must provide a history of your condition, harmful behavior, prognosis, life expectancy and recommended treatment. You do not need to have a qualifying family member to apply for this waiver.

When applying for a 212(a)(1) for failure to obtain necessary vaccinations, you must provide evidence that your objection to the vaccinations is based on moral convictions or religious beliefs.

Each type of health-based inadmissibility waiver has different approval requirements. Contact our team at Spar & Bernstein for help with the application process.

Being granted a waiver of inadmissibility for a mental or physical disorder or communicable disease can be combined with additional conditions aimed to limit the spread of your disease. These conditions may include travel restrictions and a requirement to undergo medical treatment.

In addition, you may be required to post a monetary bond.

Non-compliance with the imposed conditions may result in deportation and/or forfeiture of your bond money.

Extreme hardship goes beyond the normal hardship of separation between family members and can include numerous factors such as physical, mental, and emotional pain and suffering as well as financial turmoil.

More specifically, this can refer to the following negative impacts on the qualifying relative:

• The qualifying relative has a serious medical condition that does not allow traveling abroad or being left alone
• The qualifying relative is taking care of other individuals in the US, such as minor children or aging parents
• The qualifying relative would not be able to work abroad, would suffer financially, and lose benefits
• The qualifying relative would be unable to continue their education

To apply for a 212(i) waiver, you must provide evidence that:

• Your spouse or parent is a US citizen or a Green Card holder
• Your relatives will suffer extreme hardship if you are not granted a waiver

You are not eligible to apply for a 212(i) fraud waiver if you have falsely represented yourself to be a US citizen after September 30th, 1996 for any purpose or benefit under immigration law.

A timely retraction of your false claim to US citizenship may not be a bar to obtaining immigration benefits.

To apply for a 212(c) waiver, you must meet the following requirements:

• You have been not been imprisoned for more than five years on a conviction after November, 1st 1990
• You are returning to a lawful, unrelinquished residence of at least seven consecutive years
• You are not subject to deportation on terrorism or national security grounds
• You are not unlawfully in the US due to a previous immigration offense
• You were found guilty of all of your criminal offenses before April 1st, 1997

You are not allowed to file for a 212(c) waiver if you:

• Have a conviction after April, 1st, 1997
• Have departed and are currently outside of the US
• Have illegally returned after deportation or removal
• Are present in the US without having been admitted or paroled

You may be eligible for a 212(h) waiver if you are inadmissible for:

• One offense for possession of 30 grams or less of marijuana
• Prostitution
• A moral turpitude crime (except for torture or murder)
• Crimes for which you have received a combined sentence of five years or more (except for torture and murder)

You will not be able to receive a 212(h) waiver if you are inadmissible for:

• Murder or torture
• Drug crimes other than possession of 30 grams or less of marijuana
• Drug trafficking
• Money laundering
• Human trafficking
• Severe violation of religious freedom in the capacity of a foreign government official
• Violent or dangerous crimes unless the applicant can demonstrate extraordinary circumstances

Filing the forms is just one part of the waiver application process.

Our experienced immigration waiver lawyers at The Law Offices Of Spar & Bernstein will:

• Research the family members you have in the US
• Explore different options if your waiver is not initially approved (such as the hardship to be experienced if your family moves back to your home country or you are forced to go back alone)
• Meet with you and with your qualifying relatives
• Provide a list of documents you should bring
• Review your documents and application
• Research the conditions in your home country where you will have to return if denied a waiver
• Help arrange statements from doctors, psychologists or other professionals on the possible effects of hardship
• Conduct additional legal research if you have a criminal record or history of fraud
• Prepare documents relevant to your waiver application
• Prepare a detailed summary of the collected evidence and the reasons you are applying for a waiver

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