Immigration Waiver Lawyer
Applying for a green card is a major step toward living and working permanently in the United States, but some applicants encounter legal barriers when it comes to the eligibility requirements. In these cases, a certain immigration waiver may be available to help overcome those obstacles. These include a waiver of inadmissibility, unlawful presence waiver, permanent bar waiver, and others.
Understanding the options available—and how they apply to your situation—is essential for a successful outcome.
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What is Inadmissibility?
Inadmissibility refers to the legal grounds that prevent a person from entering or remaining in the United States. Under U.S. immigration law, certain conditions or actions can make an individual inadmissible, meaning they are not permitted to receive a visa, enter the country, or adjust their immigration status.
Common Grounds for Inadmissibility
- Criminal Convictions: Certain crimes, including drug offenses, crimes of moral turpitude, or aggravated felonies, can make someone inadmissible.
- Health-Related Conditions: Communicable diseases, mental disorders posing a threat, or lack of required vaccinations may result in inadmissibility.
- Immigration Violations: Overstaying a visa, misrepresentation, or committing fraud to obtain immigration benefits can lead to inadmissibility.
- Public Charge: If an individual is likely to become dependent on government assistance, they may be considered inadmissible.
- Security Concerns: Association with terrorism, espionage, or posing a threat to U.S. security can result in inadmissibility.
- Previous Deportation: Being subject to a prior removal order or re-entering the U.S. illegally after deportation can render someone inadmissible.
What Is a Waiver of Inadmissibility?
A waiver of inadmissibility allows individuals who are otherwise deemed inadmissible to the United States to seek permission to enter or remain in the country. Certain grounds of inadmissibility, such as health-related issues, past immigration violations, or specific criminal convictions, may qualify for a waiver if the individual can demonstrate eligibility under U.S. immigration law.
Granting a waiver is typically at the discretion of U.S. immigration authorities and may require the applicant to show evidence of rehabilitation, extreme hardship to a qualifying relative, or other compelling factors. Not all grounds of inadmissibility are eligible for a waiver, and the application process can vary depending on the specific circumstances of the case.
Unlawful Presence Waiver
One of the most common issues is unlawful presence. Individuals who remain in the U.S. without lawful status for more than 180 days may face a 3-year or 10-year bar from reentering the country. The unlawful presence waiver, also known as the I-601A Provisional Unlawful Presence Waiver, allows certain individuals to apply for a waiver before leaving the U.S. for consular processing.
To qualify, applicants are required to:
- Be physically present in the United States
- Have an approved immigrant visa petition (such as a family-based petition)
- Demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the waiver is not granted.
The unlawful presence waiver only covers this specific ground of inadmissibility and does not apply to criminal history or prior removal orders.
Permanent Bar Waiver
A permanent bar applies to individuals who reentered or attempted to reenter the U.S. unlawfully after being removed or after accruing more than one year of unlawful presence. The bar generally prohibits any lawful entry for life unless a special waiver is granted.
To request a permanent bar waiver, individuals must:
- Wait outside the U.S. for at least 10 years
- Then request permission to reapply for admission (Form I-212)
- Possibly submit additional waivers depending on the case
The permanent bar waiver is complex, and approval is discretionary. Because of this, working with an experienced immigration waiver lawyer is often essential.
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National Interest Waiver
The national interest waiver (NIW) is available to certain employment-based green card applicants who can show that their work benefits the United States. Unlike other employment-based categories, the NIW does not require a job offer or labor certification.
To qualify for a national interest waiver, applicants must demonstrate:
- Their proposed work has substantial merit and national importance
- They are well-positioned to advance the work
- Waiving the labor certification requirement would benefit the U.S.
For more details on eligibility, visit our NIW guide.
Immigration Fee Waiver
USCIS filing fees can be a considerable barrier for those facing financial hardship. In these cases, a waiver may be available. This allows eligible applicants to have certain USCIS filing fees waived, including for green card-related applications and waivers of inadmissibility.
To qualify, applicants must demonstrate receipt of a means-tested benefit (such as Medicaid or SNAP), a household income at or below 150% of the federal poverty level, and financial hardship due to medical bills, unemployment, or other factors
How an Immigration Waiver Lawyer Can Help
The process of applying for any waiver is highly detailed and often depends on presenting strong evidence and legal arguments. An immigration waiver lawyer can help with:
- Identifying which waiver applies to your case
- Preparing forms and supporting documentation
- Writing legal arguments and declarations
- Communicating with immigration authorities
- Responding to requests for evidence or denials
Since most waivers are decided on a discretionary basis, the quality of the application can make a significant difference. A well-prepared case can greatly improve your chances of approval.
Important Considerations
Applicants seeking a green card waiver should keep the following points in mind:
- Waivers are not guaranteed, even if the requirements are met
- Each waiver type has different eligibility criteria and application processes
- Timing is critical—some waivers must be filed inside the U.S., others abroad
- Supporting evidence (such as medical records, financial documents, and personal declarations) is often necessary to prove hardship or merit
Because each case is unique, individuals are encouraged to understand all their options thoroughly before proceeding. Even if you’ve had a prior criminal conviction, we still may be able to help.
Do You Need to Talk to an Immigration Waiver Lawyer?
Waivers provide a pathway for applicants who face legal barriers to lawful permanent residence. If you’re in the U.S. and need help with an immigration waiver, call to schedule your free consultation with one of the experienced immigration lawyers at D’Alessio Law.
We’ll guide you through the process and help you move forward on the path to permanent residency.
