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Waivers for Grounds of Inadmissibility
Helping You Overcome Barriers to Entering or Staying in the U.S.
At Coleman Law Group, our experienced inadmissibility and I-601 waiver lawyers help clients with complicated requirements, evidence preparation, and legal standards to overcome grounds of inadmissibility. Call us today to schedule your consultation!
At Coleman Law Group, our experienced inadmissibility and I-601 waiver lawyers help clients with complicated requirements, evidence preparation, and legal standards to overcome grounds of inadmissibility. Call us today to schedule your consultation!
What are Waivers for Grounds of Inadmissibility?
A finding of inadmissibility indicates that a USCIS officer or U.S. consulate has decided that an individual is not able to enter or remain in the United States based on the immigration law. The most common findings of inadmissibility come from unlawful presence, misrepresentation, criminal history, health-related basis, and other grounds for inadmissibility. Nonetheless, many people can still have a path forward through waivers of inadmissibility, such as the I-601 waiver, which allows individuals to request forgiveness for certain grounds of inadmissibility.
Waivers do not apply in all circumstances, and the burden of proof differs depending on the grounds for inadmissibility. This is precisely why it is so important to work with an experienced I-601 immigration lawyer. In collaboration with a knowledgeable lawyer, they will help the client understand which waiver applies, what they need to demonstrate, and together they will create strong arguments to establish a successful outcome with USCIS.
Waivers do not apply in all circumstances, and the burden of proof differs depending on the grounds for inadmissibility. This is precisely why it is so important to work with an experienced I-601 immigration lawyer. In collaboration with a knowledgeable lawyer, they will help the client understand which waiver applies, what they need to demonstrate, and together they will create strong arguments to establish a successful outcome with USCIS.
What Are Some Types of Inadmissibility Waivers
I-601 Waiver:
They are filed in matters of unlawful presence, misrepresentation, certain types of criminal activity, or immigration violations in the past. These waivers are often necessary when someone is requesting forgiveness for unlawful presence based on the difficulty of the qualifying U.S. relatives.
Immigration Waiver for Unlawful Presence: This waiver applies to people who have overstayed or accrued unlawful time in the U.S. It is seeking forgiveness for unlawful presence, based on proving extreme hardship to a qualifying spouse or parent.
I-601A Provisional Unlawful Presence Waiver: This waiver allows for the eligible applicant inside the U.S. to seek forgiveness for unlawful presence before departing for consular processing. It allows for less time spent away from family while waiting for the visa to be approved.
Each waiver has its own eligibility criteria, as well as documentation and legal standards. It is critical to prepare carefully and gather substantial evidence before submission to meet USCIS criteria. Our lawyers evaluate the reason for inadmissibility, as well as their immigration history, to determine which waiver would suit them best.
They are filed in matters of unlawful presence, misrepresentation, certain types of criminal activity, or immigration violations in the past. These waivers are often necessary when someone is requesting forgiveness for unlawful presence based on the difficulty of the qualifying U.S. relatives.
Immigration Waiver for Unlawful Presence: This waiver applies to people who have overstayed or accrued unlawful time in the U.S. It is seeking forgiveness for unlawful presence, based on proving extreme hardship to a qualifying spouse or parent.
I-601A Provisional Unlawful Presence Waiver: This waiver allows for the eligible applicant inside the U.S. to seek forgiveness for unlawful presence before departing for consular processing. It allows for less time spent away from family while waiting for the visa to be approved.
Each waiver has its own eligibility criteria, as well as documentation and legal standards. It is critical to prepare carefully and gather substantial evidence before submission to meet USCIS criteria. Our lawyers evaluate the reason for inadmissibility, as well as their immigration history, to determine which waiver would suit them best.
How to Build a Strong Waiver Petition
An inadmissibility waiver is determined by evidence and the clarity of the legal arguments. Most waivers must demonstrate “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident relative. Hardship can include, but is not limited to, the medical needs of the qualifying relative, financial hardship, emotional hardship, separation from the relative, and lack of care and support from the relative in the applicant’s home country. Each case is different from the other.
At Coleman Law Group, we take a thorough and individualized approach by gathering documentation, drafting affidavits, creating hardship arguments, and properly framing each part of the waiver to fit your family’s unique needs and circumstance, and as your I-601 waiver attorney working on your I-601 waiver, we limit the risk of delay, Request for Evidence, and denials. All of these steps are important to take care not only to skip delays but also to avoid any potential reasons for rejection.
At Coleman Law Group, we take a thorough and individualized approach by gathering documentation, drafting affidavits, creating hardship arguments, and properly framing each part of the waiver to fit your family’s unique needs and circumstance, and as your I-601 waiver attorney working on your I-601 waiver, we limit the risk of delay, Request for Evidence, and denials. All of these steps are important to take care not only to skip delays but also to avoid any potential reasons for rejection.
Why Choose Coleman Law Group?
When you or someone you care about is facing inadmissibility, the consequences can feel very serious. Our law firm takes legal knowledge and service to a whole different level. We will guarantee that your waiver is filed properly, with much consideration of evidence to support your waiver. Our family of clients chooses Coleman Law Group for our responsiveness, crystal clear language, and professionalism, navigating our clients through all aspects of the waiver process. You can now have access to the best inadmissibility lawyers in Miami, Tampa, St. Petersburg, Orlando, Jacksonville, Hialeah, Hollywood, and Pembroke Pines. The Coleman Group also serves clients in New York, New Jersey, California, and other parts of the United States.
Whether you are searching for a waiver of inadmissibility attorney near me or simply trying to make sense of your options, we are here to provide support and help you through taking the next step towards a future of stability in the United States. Call 727-214-0400 to book your consultation with us!
Whether you are searching for a waiver of inadmissibility attorney near me or simply trying to make sense of your options, we are here to provide support and help you through taking the next step towards a future of stability in the United States. Call 727-214-0400 to book your consultation with us!
How is the Coleman Law Group helping you
We ensure that each case is handled with outstanding attention at The Coleman Law Group
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In reviewing your case, our attorneys will evaluate it from all perspectives to provide the most informed guidance.
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Throughout your case, our attorneys provide clarity, support, and the guidance you need for confidence and peace of mind.
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Frequently Asked Questions
Who needs to apply for a waiver of inadmissibility?
Anyone who is found to be “inadmissible” to the U.S. because of unlawful presence, misrepresentation, criminal history, or other immigration violations may need to apply for a waiver to proceed with their immigration process.
What grounds of inadmissibility are the grounds of inadmissibility waived?
Some grounds, specifically unlawful presence, misrepresentation, some criminal offenses, and immigration violations, may be waivable if an applicant meets the eligibility and hardship requirements.
What is the difference between I-601 and I-601A waivers?
I-601 is a waiver application submitted inside or outside the U.S. once someone’s application has been denied or has been determined as inadmissible, while I-601A provisional waiver is filed inside the U.S. to forgive someone’s unlawful presence before consular processing.
How long does the waiver of inadmissibility take to process?
Processing can take from several months to over a year, depending on the workload at USCIS, the complexity of the case, and the amount of evidence submitted.
Are there criminal convictions that can be renewed?
Some criminal convictions may allow for the waiver of inadmissibility, and others will not. Waivable offenses are a case-by-case determination depending on the crime the person committed, the circumstances involved, and immigration law.
Why is my waiver of inadmissibility taking so long (I-601 or I-601A) ?
Waiver applications often take a long time for adjudication. Waiver applications may undergo a detailed review; additionally, waivers may tend to require a lot of evidence to support the claim, and a backlog with USCIS case processing will delay the application processing.
If my waiver is denied, what are my options?
If your waiver is denied, you can file a motion to reopen/reconsider, appeal if allowed, or file a new waiver with better evidence addressing the reasons for denial.
What is the timeline for waiver cases in Florida?
The timeline in Florida is the same as it is at the national USCIS level. Cases generally take a few months to a year plus, depending on the type of waiver and complexity of your case.
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