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Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Immigration in the U.S. is primarily regulated by the Immigration and Nationality Act, which specifies the category and qualities of people who may enter or remain in the country. Those who fail to meet the requirements are considered ineligible or inadmissible for entry to the U.S.
However, there is a way out if you’re in such a situation. Prospective immigrants may bypass the requirements they do not meet by applying for and obtaining an Immigration Waiver from the immigration authorities.
A waiver application is essentially a request for the U.S. government through the designated or interested government agency to forgive your ineligibility and grant you the immigration benefit you desire. Each waiver application is unique and is judged on its strengths and weaknesses. As such, you’ll need to show the authorities that you deserve to have your waiver request granted by filing a solid application if you hope to succeed with your case.
You may be wondering, at this point, “How can I strengthen my waiver application?” The primary way to strengthen your waiver application is to provide sufficient evidence to convince the authorities that you deserve the benefit. The specific type of evidence you may need depends on your unique situation and the type of waiver you seek.
Understandably, these details may be difficult to identify or determine. So, to help you understand what you need to do, we’ve broken up this point below into seven actionable steps to make your waiver application easier.
Waiver applications are not a one-size-fits-all affair. The procedure depends on the specific reason why the waiver is needed in the first place. In many cases, waivers are needed because the applicant has been deemed inadmissible under the Immigration and Nationality Act for certain reasons, including the following ;
On health grounds, because they have a communicable disease or have not received certain vaccinations
On criminal grounds because they engaged in certain kinds of criminal activity
Because they pose a threat to National security
For Prior removals from the U.S. or because their presence in the U.S. was unlawful.
Your Waiver of Inadmissibility application must be tailored to your specific ground of admissibility; otherwise, it is unlikely to succeed.
There are different types of immigration waivers for different circumstances. Some of the more common examples include the following;
I-601 hardship waiver
I-601A provisional waiver for unlawful presence
National interest waiver
J-1 visa waiver.
Each of these waivers serves different purposes and is processed by different entities. For example, the I-601 and I-601 A waivers are processed by the United States Citizenship and Immigration Services (USCIS). The J-1 visa waiver, on the other hand, is processed by the Department of State through the Department of Health and Human Services after receiving a visa waiver recommendation application from an interested applicant.
If you fail to correctly identify the specific waiver you need, there’s a good chance that you might direct your application to the wrong entity, in which case the application will fail.
A competent immigration lawyer can help you understand the available waivers and determine which suits your needs best.
Every waiver has unique application requirements, but there is a common denominator between most of them. That common ground is known as the “hardship requirement.” In such cases, a person who wants to apply for a waiver has to show that their removal would cause extreme hardship to a family member who is a U.S. citizen or lawful permanent resident.
To establish exceptional hardship, you generally need to do the following:
Establish your relationship with a U.S. citizen or one with legal permanent residence in the US.
Submit relevant evidence that supports your claims.
Write a personal statement that convincingly tells your story.
Understand that hardship does not just mean the discomfort experienced by a person separated from a family member. It should be an extreme level of suffering that could affect the quality of the person’s life.
There are a lot of forms and documents involved in every waiver request. Errors or omissions in those forms could lead to processing delays or even a denial of the application. Hence, you must complete the application forms carefully to avoid such issues.
An immigration lawyer can help you prepare your applications with their experience so you do not have to worry about such eventualities.
Waiver applications must be supported by documents that prove the information provided in the application forms. You’ll not be present when your application is being reviewed, so the documents you provide must explain the details of your application.
The specific documents needed vary with each case. You can consult an immigration lawyer to learn which documents you need for your case.
You may be asked to attend an interview following your waiver application. The interview could make or mar your case, so it is important to prepare before that time.
Experienced immigration lawyers can help you prepare answers for the common questions usually asked of those applying for waivers.
Meeting with an immigration lawyer before beginning the waiver application process can go a long way. With their experience, they can help you navigate the above steps and prepare a solid waiver application that would likely lead to the desired results.
A strong waiver application is not easy to prepare because there are several factors to consider. That’s why seeking legal guidance throughout the process is one of the wisest choices you can make.
At Andrew T. Thomas, Attorneys at Law, we understand the intricacies of waiver applications and are willing to walk you through the complex procedure.
With our extensive immigration law experience, you can trust us to represent you throughout your case and help you build a solid application that could convince the authorities to act in your favor and eliminate the inadmissibility preventing you from transitioning from nonimmigrant status to permanent resident status or obtaining a visa.
Contact us via Our homepage today to learn your options and get started as soon as possible.