When is a Waiver 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:

• If you were deported or removed from the U.S.
• If you overstayed in the U.S. past your visa expiration and left the U.S.
• If you were charged with or convicted of a crime

Types of Waivers

There are many types of waivers depending on the issue that needs to be waived and each waiver requires different proof. Here are some of the most common waivers:

• Waiver After Prior Removal:
  If you have been removed and wish to apply before the statutory timeframe, then you must file for a waiver of the waiting period.
• Waiver of Unlawful Presence:
  If you have a 3 or 10-year bar, you may qualify for this waiver if you can prove that your U.S citizen or Legal permanent resident spouse or parent would suffer extreme hardship. Hardship waivers can be difficult since every case is unique. However, we work hard to understand your situation so we can best make a case for a hardship waiver with the given facts. We have successfully completed many hardship waivers; we can help you!
• Waiver for Crimes More than 15 Years Old:
  If you are applying for an immigrant visa, adjustment of status, or in removal proceeding, you may qualify for this waiver. If you can prove that have not been convicted of an aggravated felony since your admission and have been lawfully residing in the U.S. for 7 years. You also have to prove not only that the criminal activity that made you inadmissible happened more than 15 years ago, but also that you would not be a threat to the safety or welfare of others, and you have rehabilitated.
• Waiver of Crimes of Moral Turpitude:
  If you are applying for an immigrant visa, adjustment of status, or in removal proceeding, you may qualify for this waiver. If you can prove that have not been convicted of an aggravated felony since your admission and have been lawfully residing in the U.S. for 7 years.  You must prove that you are the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause extreme hardship to your family member.
• Waiver of Possession of Marijuana:
  If you are applying for an immigrant visa, adjustment of status, or in removal proceeding, you may qualify for this waiver.  If they can prove that they have not been convicted of an aggravated felony since their admission and have been lawfully residing in the U.S. for 7 years. You must prove that you are the spouse, parent, son or daughter of a U.S citizen or Legal Permanent Resident and that denial of admission would cause extreme hardship to your family member.
• General Waiver for Nonimmigrants:
  Nonimmigrants who fall into many of the inadmissibility categories can apply for a waiver to visit the Unite States. These waivers are discretionary and the alien must assert why he/she needs to come to the U.S. and why his/her visit will not be detrimental to this country.