Waivers

Secure a “waiver” in order to re-enter the country

If a foreign national does something to exclude him from being able to apply for a visa, he may need to secure a “waiver” in order to re-enter the country. If you have been determined to be inadmissible into the U.S., our experienced waiver lawyers are prepared to file a comprehensive application to open the opportunity for your reentry.

When Is A Waiver Needed?

The following is a list of common reasons why an individual may be inadmissible to the U.S.:

  • Deportation or removal from the U.S.
  • Overstay of a visa
  • Criminal conviction
  • Fraud or misrepresentation on immigration documents
  • Health-related inadmissibility

Depending on the reason for inadmissibility, an individual may be banned from re-entry for three, five, or ten years. In certain circumstances, a lifetime ban may be imposed. In spite of these bans, there may still be an option to legally re-enter the country through a I-601 or I-212 waiver.

What Must A Waiver Show?

Inadmissibility waivers are difficult to obtain, however a knowledgeable and experienced lawyer can help you identify the existing options you may have to apply for reentry into the U.S. Depending on the circumstances, a I-601 and/or I212 waiver may be needed to overcome a ground of inadmissibility. To be successful in such an application, generally you must show that a refusal of admission into the United States would lead to extreme hardship to your U.S. citizen spouse, parent, or child.

At Sethi & Mazaheri, our lawyers are prepared to make the case that your family would face hardship by preparing affidavits and compiling evidence proving the devastating impact that would result if your entry is refused.

What is the Provisional Waiver?

Individuals who are eligible for an I-601a waiver stand to benefit greatly from President Obamas new rule which will permit applicants to wait in the United States while their application is being processed. A provisional waiver lawyer can guide you through this process as the new rule is being implemented.

The immigration lawyers at Sethi & Mazaheri have extensive experience assisting clients seeking waivers.

J1 WAIVERS

Individuals who hold a non-immigrant J visa may need return to their country of origin for a period of two years after their visa expires. This is better known as the “two-year residency requirement.” Applicants who wish to stay after the expiration of their J visa must apply for a “J visa waiver.”

How Does One Apply For A J1 Waiver?

An applicant may apply to the Waiver Review Division of the State Department to request that they make a recommendation to USCIS to grant a waiver. J1 visa holders may be granted a waiver on one of the following bases:

  1. No Objection Waiver- Applicants may make a request to the consular section of their home country’s embassy in the United States for a declaration stating that the home country will not object to the waiver of the applicant’s requirement to return home for two years.
  2. Request from an Interested U.S. Federal Government Agency (IGA Waiver)- If an applicant’s departure would impact an agency project, that agency may apply for a waiver on behalf the applicant.
  3. Persecution- An applicant may base his or her waiver applicant on a claim that he or she would be persecuted due to their political opinion, religion, or race, upon returning to their home country.
  4. Exceptional Hardship to a U.S. Citizen or Lawful Permanent Resident (or LPR)- If the departure of the applicant would result in exceptional hardship to his/her U.S. citizen or LPR spouse and/or children, he/she may make an application for an exceptional hardship waiver.
  5. Request on behalf of a State Public Health Department- If the applicant entered the country for training or education in the area of medicine, the public health department (or functional equivalent) of the State in which applicant did the training/education can request a waiver on behalf of the applicant.
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