WAIVERS | MENESES LAW
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WAIVERS

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Need a Waiver?


A wavier is needed when you are considered inadmissible to the United States. If you are inadmissible, you could be denied a visa to enter the U.S., refused entry to the U.S., or denied adjustment of status.

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The following are grounds for inadmissibility to the U.S.:

  • Misrepresentation in previous immigration applications

  • Prior immigration violations

  • Criminal activities and criminal charges


However, the law provides an opportunity for you to apply for legal “forgiveness” and obtain a waiver in your immigration case.

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I-601A Waiver - Unlawful Presence

An unlawful presence waiver is needed in order to be eligible for adjustment of status and be able to return when departing to the home country’s consulate to complete adjustment of status. Immediate relatives of U.S. Citizens can apply for a provisional unlawful presence waiver while still in the U.S.

 

The following are eligible to apply :

  • Be an immediate relative of a U.S. citizen (spouse, child, parent),

  • Be the beneficiary of an approved relative petition,

  • Be 17 years or older,

  • Be present in the U.S. at time provisional waiver is filed,

  • Show extreme hardship to a U.S. citizen, spouse, or parent if denied, and

  • Cannot be in removal proceedings.

I-601 - Waiver for Criminal Grounds

If you were denied entry into the U.S. because you have a criminal history, you may be eligible to file for a waiver application.

You may apply for the waiver if you were convicted of any of the following:

  • A crime involving moral turpitude;

  • Prostitution;

  • A single offense of possession of 30 grams or less of marijuana;

  • Involvement in serious criminal activity where immunity from prosecution was asserted;

  • Conviction of two or more offenses of any kind with an aggregate sentence imposed of at least 5 years; or

  • Asserting immunity against the prosecution of a serious crime

The following must be proven:

  • At least 15 years have passed since the criminal act and you can prove rehabilitation;

  • An immediate family member needs you and would suffer extreme hardship if you were denied entry

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212 Waiver – Inadmissibility for Fraud or Misrepresentation

A willful misrepresentation to a U.S. government about your immigration case may bar you from migrating to the U.S., becoming a permanent resident, or citizen. However, you may qualify for a waiver of fraud and misrepresentation.

In order to qualify for the 212 Waiver, you must provide that:

  • A U.S. citizen or lawful permanent resident spouse or parent, and

  • Would face extreme hardship if denied or removed from the U.S.

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