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When are Waivers Necessary?
There are many reasons why a foreign national would need to secure a waiver before being allowed to apply for a visa or enter the U.S. legally. Certain circumstances may require a waiver before a foreign national can legally apply for a visa or enter the United States. Common reasons for needing waivers include:
- Previous Deportation or Removal: If you have been removed from the U.S., you may need a waiver before reapplying for entry.
- Overstaying a Visa: If you remained in the U.S. beyond your visa’s expiration and later departed, a waiver may be necessary to return legally.
- Criminal Charges or Convictions: Certain criminal offenses can make a person inadmissible to the U.S., requiring a waiver to overcome these grounds of ineligibility.
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Types of Visas
There are many types of waivers depending on the issue that needs to be waived and each waiver requires different proof. The type of waiver required depends on the reason for inadmissibility. Each waiver has its own eligibility criteria and requires specific supporting evidence.
- Waiver After Prior Removal: Allows individuals who have been deported or removed to apply for re-entry before their ban period expires.
- Waiver of Unlawful Presence: Provides relief to individuals who have accrued unlawful presence in the U.S. and need permission to return.
- Waiver for Crimes Committed Over 15 Years Ago: Grants a waiver to individuals with past criminal offenses that occurred more than 15 years ago, demonstrating rehabilitation and good moral character.
- Waiver for Crimes of Moral Turpitude: Applies to individuals convicted of crimes involving dishonesty, fraud, or intent to harm others, allowing them to seek entry based on hardship or rehabilitation.
- Waiver for Marijuana Possession: Specifically for individuals with a single conviction for marijuana possession of 30 grams or less, permitting them to overcome inadmissibility.
- General Waiver for Nonimmigrants: Available for certain temporary visa applicants, such as tourists or business travelers, who may be otherwise inadmissible due to past infractions.
Each waiver requires a strong legal argument supported by evidence, and the approval process can be complex. Seeking guidance from an immigration attorney can help navigate the application successfully.
About the Types of Immigration Waivers
Waiver after prior removal
If you have been deported or removed from the U.S. and wish to return before the required waiting period has passed, you may need to apply for a waiver of the statutory waiting period. This waiver allows individuals to seek reentry earlier than typically permitted under immigration law.
Waiver of unlawful presence
If you have accrued unlawful presence in the U.S. and are subject to a 3- or 10-year bar, you may qualify for this waiver. To be eligible, you must demonstrate that your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you were denied reentry. Each hardship waiver is unique, and we work diligently to build a strong case based on your specific circumstances.
Waiver of crimes Over 15 years old
Individuals with past criminal convictions that make them inadmissible may be eligible for a waiver if the offense occurred more than 15 years ago. To qualify, the applicant must demonstrate that they have fully rehabilitated and do not pose a threat to public safety. Additionally, they must not have committed any aggravated felonies since their admission to the U.S. and must have been lawfully residing in the country for at least seven years. This waiver is particularly useful for those seeking immigrant visas, adjustment of status, or relief from removal, as it provides a legal pathway to overcoming inadmissibility.
Waiver of crimes of moral turpitude
Individuals convicted of crimes involving moral turpitude, such as fraud or theft, may qualify for a waiver if they are applying for an immigrant visa, adjustment of status, or relief from removal. To be eligible, the applicant must demonstrate that they are the spouse, parent, or child of a U.S. citizen or lawful permanent resident and that their denial of admission would cause extreme hardship to their qualifying family member. Given the seriousness of these offenses, immigration authorities evaluate these waivers carefully, making it crucial to provide well-documented evidence of hardship and rehabilitation.
Waiver of possession of marijuana
Individuals with a single conviction for marijuana possession (30 grams or less) may be eligible for a waiver when applying for an immigrant visa, adjustment of status, or relief from removal. To qualify, they must demonstrate that they have been lawfully residing in the U.S. for at least seven years and that their denial of admission would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child. Since drug-related offenses are a significant factor in immigration proceedings, obtaining this waiver requires a strong legal argument emphasizing rehabilitation and the impact of removal on their family.
General waiver for non-immigrants
Certain nonimmigrant visa applicants who are otherwise inadmissible may request a discretionary waiver to visit the United States. Approval of this waiver depends on the applicant’s ability to demonstrate a valid reason for travel, that their entry does not pose a risk to public safety or national security, and that their presence in the U.S. will not be detrimental to the country’s interests. Since these waivers are granted at the discretion of immigration authorities, applicants must present a well-documented case explaining their need for entry and their commitment to complying with U.S. immigration laws.
Immigration Help in Lubbock, TX: Your Pathway to Success
Navigating the intricacies of the immigration process can be overwhelming, but with the right legal counsel, you can achieve your immigration goals successfully. Our dedicated immigration lawyer in Lubbock is committed to providing personalized solutions tailored to your unique circumstances. Whether you’re reuniting with family members, pursuing career opportunities, or aiming for U.S. citizenship, we are here to guide you every step of the way.
Immigration Waivers
Many undocumented immigrants worry they can’t apply for a green card because of:
Entering the U.S. without permission
Overstaying a visa
Leaving the U.S. and triggering a 3- or 10-year bar
Past mistakes, arrests, or unlawful presence
If this sounds like you, there’s hope. You may qualify for an immigration waiver — a legal way to “forgive” certain immigration violations and allow you to move forward with your case.
Immigration Waivers
Waivers are an official request to the U.S. government asking for forgiveness of certain immigration violations — such as unlawful entry, overstaying, or even certain criminal offenses — so that you can continue your path to legal residency.
The most common and helpful for families is the:
I-601A Provisional Waiver for Unlawful Presence
This waiver allows eligible immigrants to:
Apply for a green card through a U.S. citizen spouse or child
Remain in the U.S. while their waiver is processed
Minimize the time they spend outside the U.S. if consular processing is needed
Avoid being stuck outside the U.S. for years due to the 3- or 10-year bar
It’s especially helpful for undocumented immigrants married to U.S. citizens or lawful residents.
Immigration Waivers
You may qualify if:
You’re married to a U.S. citizen or lawful permanent resident
You’ve lived in the U.S. for several years without legal status
You must leave the U.S. to process your green card — but you’d face a 3- or 10-year bar upon leaving
Your spouse or parent would suffer extreme hardship if you were denied reentry
You have no serious criminal record
This waiver is not for everyone — but for many undocumented immigrants, it’s the only safe way to fix their status without putting everything at risk.
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Without A Waiver, You Could Be Stuck Outside for Years
If you leave the U.S. to process your green card without a waiver in place, you could:
Trigger a 3- or 10-year ban on returning
Be separated from your children and spouse
Get denied reentry and lose everything you’ve built
But if you apply for a waiver before leaving, you can:
Know your reentry is approved before you go
Minimize separation time
Move forward with confidence — not fear
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Waivers Are Complex - But They Can Be Life-Changing
Our immigration team has helped families across Texas apply for waivers and fix their legal status — even when they thought they had no options. When you work with us:
We listen to your full story — no judgment
We determine if a waiver applies in your case
We help you gather proof of hardship
We prepare the strongest possible waiver request
We guide you through every step with honesty and compassion
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Your Past Doesn't Have To Stop Your Future
Imagine finally getting your green card — even though you once thought it was impossible.
You reunite with family without fear of being denied entry
You work legally and plan your family’s future
You stop living in the shadows — and start building your life proudly
Immigration waivers don’t just fix paperwork. They restore peace, protection, and possibilities.
Why Choose Gilda McDowell?
Meet Gilda McDowell, a distinguished immigration attorney committed to serving the diverse needs of Lubbock, TX, and its vibrant community. With a passion for helping individuals and families navigate the complexities of immigration law, Gilda McDowell brings a wealth of experience and expertise to every case she handles. Her deep understanding of the intricacies surrounding immigration matters, including green card applications, family-based and employment-based immigration, citizenship, adjustment of status, and fiancé visas, makes her an invaluable resource for those seeking reliable legal counsel. Gilda’s personalized approach, attention to detail, and unwavering dedication to her clients’ well-being have solidified her reputation as a trusted advocate in Lubbock. Whether you’re pursuing a dream of U.S. citizenship, reuniting with loved ones, or exploring employment opportunities, Gilda McDowell is your ally in turning your immigration aspirations into reality.
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Comprehensive Immigration Services in Lubbock, TX
Gilda McDowell immigration lawyer Lubbock, TX specializes in a comprehensive array of immigration services tailored to meet diverse needs, with a distinct focus on family-based immigration. From facilitating visa applications to providing resolute deportation defense, her extensive expertise encompasses a broad spectrum of immigration matters. She excels in skillfully navigating clients through the intricate web of paperwork, vital deadlines, and complex legal prerequisites, effectively easing the burdens typically associated with these proceedings. A committed champion, Gilda McDowell tenaciously strives to secure favorable outcomes for her clients, particularly in the realm of family-based immigration.
Immigration Services in Lubbock
Lubbock's Top Choice for Immigration Representation
Gilda McDowell’s dedication to exceptional service and her standing as a premier immigration attorney in Lubbock, Texas, have established her as a trusted figure within the community. With a profound affinity for the region, she possesses a comprehensive grasp of its distinctive intricacies, both in terms of challenges and prospects. An engaged participant in the legal sphere, Gilda McDowell remains consistently informed about the most recent developments in immigration law, guaranteeing her clients access to precise and timely guidance.
If you’re in need of an “abogado de inmigración en Lubbock, Texas,” Gilda McDowell is here to provide the expert legal representation you deserve. With a strong focus on your needs and a commitment to achieving your immigration goals, she is dedicated to making the legal process as smooth as possible for you. Contact Gilda McDowell today to schedule a consultation and take the first step towards a brighter immigration future.
Fix Your Immigration status!
It makes a difference when you get the help you need from someone who not only understands the process, but who understands you and your unique situation. As a proud immigrant myself, I know exactly how you feel because I have personally gone through the whole immigration process.
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Frequently Asked Questions
What is an immigration waiver and why would I need one?
An immigration waiver is a legal forgiveness for certain issues that would otherwise make someone inadmissible to the U.S. Common reasons a person may need a waiver include:
Unlawful presence (overstaying a visa)
Misrepresentation or fraud
Certain criminal convictions
Prior deportations
A waiver gives USCIS the ability to overlook these violations in specific cases—usually when hardship to a U.S. citizen or lawful permanent resident can be proven. Without a waiver, your visa or green card application may be denied.
What are the most common types of immigration waivers?
Some of the most frequently requested waivers include:
I-601 Waiver (Inadmissibility): For individuals outside the U.S. who are otherwise inadmissible.
I-601A Provisional Waiver: For those inside the U.S. who are unlawfully present and plan to leave for consular processing.
I-212 Waiver (Reentry After Removal): For individuals who were deported and want to lawfully re-enter.
Fraud Waivers: For applicants accused of misrepresentation (e.g., false documents, fake marriage).
Each waiver requires different evidence and procedures. Legal guidance is essential to improve your chances of success.
How do I prove “extreme hardship” in a waiver case?
For many waivers, especially I-601 and I-601A, you must show that your denial would cause extreme hardship to a U.S. citizen or green card–holding family member. Examples of hardship include:
Medical conditions that require your care
Financial hardship from your absence
Family separation
Dangerous or unstable conditions in your home country
This is one of the hardest parts of the waiver process and often the deciding factor in approval. We help build strong, well-documented hardship arguments that meet USCIS standards.
How long does it take for a waiver to be approved?
Processing times vary by waiver type and USCIS workload, but here are general estimates:
I-601A Provisional Waivers: 12–18 months
I-601 Inadmissibility Waivers: 12–16 months
I-212 Waivers: 6–12 months
Keep in mind, delays are common, and some waivers are processed overseas at U.S. embassies. We help monitor your case and avoid preventable hold-ups.
Can I stay in the U.S. while my waiver is pending?
If you’re applying for an I-601A Provisional Waiver, you may remain in the U.S. while your waiver is pending—but once it’s approved, you’ll still need to leave for your visa interview at a U.S. consulate abroad.
For other waivers (like I-601 or I-212), applicants are often outside the U.S. and must wait abroad. Unauthorized presence or travel without approval can harm your chances. It’s important to create a legal strategy that keeps you protected.
Immigration Law Office in Lubbock, TX