Immigration Waivers

Learn More About waivers

The USCIS can place an “inadmissible” designation on an individual for various reasons stemming from dangerous, risky, or unlawful violations. Under U.S. immigration law, an inadmissible non-citizen cannot travel to the U.S. under any circumstance, whether for business, vacation, or visitation. However, there are some reasons for inadmissibility, such as unlawful presence, criminal activity, health-related issues, prostitution, and smuggling, that can be waived. For this to occur, an individual deemed inadmissible must obtain a non-immigrant waiver that allows them to enter the U.S.

REASONS FOR INADMISSIBILITY

There are many reasons for inadmissibility, but four are more determining factors such as:

  • Health: infectious diseases, lack of required immunizations, dangerous physical or mental disorders, drug addictions, etc.
  • Criminal: crimes that violate the principles of morality, justice, and honesty, drug-related crimes in the U.S. or other nations; multiple criminal convictions resulting in five or more years of incarceration; prostitution, drug trafficking, sex crimes; money laundering
  • Fraud/Misrepresentation: falsifying/misrepresenting information to obtain a visa or committing fraud while in the visa application process
  • Unlawful presence: illegal entrance into the U.S., claiming false U.S. citizenship, entering the country as a stowaway, smuggling/abuse of a student visa

If any of these reasons for inadmissibility apply to your current situation or if you are unsure whether one or multiple of these listed reasons do, it is important to speak with a licensed immigration attorney. They may suggest that you seek to obtain one of the many options of immigration waivers available for your specific case.

Types of Immigration Waivers

Many immigration waivers are available for issue to an individual who may find themselves in one of the various situations that classifies them as inadmissible. These waivers will allow the individual to avoid the penalties associated with their violation as being inadmissible and thus not legally permitted to be in the U.S. However, not one all-encompassing waiver will take care of every type of inadmissibility situation. Every case is unique, and the circumstances of your specific case will determine which type of immigration waiver best applies to your situation. Some common immigration waivers include:

I-601 HARDSHIP WAIVER IN ANNANDALE

The I-601 hardship waiver is a document that removes obstacles that block an individual from obtaining a visa or green card and from being legally permitted to visit the U.S. It is also commonly known as an “extreme hardship waiver.” The term “hardship” is a legal term that calls attention to the requirements that an undocumented immigrant must meet to prove that their relatives would suffer from extreme hardship if they are forced to leave the U.S. or the immigration waiver is denied.

  • Defining “Inadmissibility”

    The I-601 Hardship Waiver is incredibly helpful for immigrants to get past certain restrictions placed on the evidence in their immigration case, specifically if such evidence is admissible during court proceedings. Immigration law grants inadmissibility to a select pool of immigrants who either can’t immigrate to the U.S. are barred from applying for adjustment of immigration status while in the U.S., or are making a brief visit to the U.S.

  • Types of I-601 Waivers

    The complete list of hardship waivers that qualify an immigrant for legal status is too lengthy to be officially documented in immigration law. However, there are three I-601 waivers that are commonly considered in most immigration cases

    • Criminal Conviction Waiver
    • Misrepresentation (Fraud) Waiver
    • Unlawful Presence Waiver

    Each waiver is classified as a hardship waiver; however, eligibility for each type changes. There are also additional circumstances to which an I-601 Hardship Waiver would apply that aren’t covered on the above list. For more information about meeting the eligibility requirements to obtain an I-601 Hardship Waiver, contact Johnson & Masumi online to discuss your case with our immigration attorneys. We will help you find a solution by obtaining the best hardship waiver for your unique situation.

  • I-601 Hardship Waiver Qualifications

    There are currently two standards set by an immigration law that qualifies an individual for an I-601 Hardship Waiver. Applicants must meet at least one of the two requirements to qualify. These are:


    1. The immigrant must prove that a family member would suffer from extreme hardship if the waiver is not granted; OR
    2. The immigrant must show that he or she is under individual conditions that would be acceptable under the discretion of the USCIS

    Establishing whether you are eligible to qualify for an I-601 Hardship Waiver is difficult without complete and detailed knowledge of federal immigration law. Because of the complexity of the process, it is important to consult with an experienced, licensed immigration attorney who can handle your case.

  • Defining Qualifying Relatives

    Immigration law and enforcement do not group all qualifying relatives into one category. They are determined to be “qualifying relatives” depending on the type of waiver pertinent to the case.

  • Unlawful Presence Waiver

    Qualifying relatives in this waiver are American citizens, permanent resident spouses, or parents. Relatives not considered qualifying relatives on this list are uncles, aunts, brothers, sisters, children, or other relatives.

  • Misrepresentation/Fraud Waiver

    Family members such as parents or spouses who are United States citizens or permanent residents are qualifying relatives for this waiver. Children, siblings, or relatives are not considered qualifying relatives under this waiver.

  • Criminal Conviction Waiver

    Under this waiver, qualifying relatives are defined as children, parents, or spouses who are American citizens or legal permanent residents. Siblings or other relatives are not qualifying relatives under this waiver.

  • Defining “Extreme Hardship”

    Immigration case law defines extreme hardship as a technical term that must involve certain circumstances of immigration. With the help of a licensed immigration attorney, it can be determined whether your case falls under the definition of facing extreme hardship.

  • Qualifying For Extreme Hardship

    An immigrant must fully demonstrate that their relative who qualifies under the stipulations of the particular waiver they are petitioning for would suffer a more extreme hardship than the level of hardship they would experience with any family separation. Proving that a qualifying relative would suffer financial hardship is not a conclusion that an undocumented alien can rely upon when attempting to demonstrate hardship. Only demonstrating emotional trauma or separation anxiety of the qualifying relative does not suffice for evidence of extreme hardship.

  • Focusing On Qualifying Relatives

    A potential immigrant must demonstrate that their qualifying relative will likely encounter extreme hardship if both themselves and their family are forced to be separated for an extended period. An attorney should also demonstrate that extreme hardship would be suffered if the foreign national were forced to relocate back to their home country with a qualifying relative. USCIS only takes into full account the hardship suffered by an undocumented immigrant’s qualifying relatives due to being denied a waiver. The issue is not about the foreign national’s hardship but only that of the qualified relative.

  • Applying For The I-601 Hardship Waiver

    You must fully understand the hardship waiver application process and the important points that must be proven in the legal proceedings that will determine whether your I-601 Hardship Waiver case will be successful. To learn more about the I-601 Hardship Waiver or to get assistance in determining your eligibility for this specific waiver, contact Johnson & Masumi, PC. We are eager to guide you every step of the way through the legal process of obtaining an I-601 Hardship Waiver.

Criminal Conviction Waiver

The Criminal Conviction Waiver is an I-601 hardship waiver that grants an individual deemed “inadmissible” forgiveness and allows them to proceed through the immigration process. Those classified as inadmissible are denied the ability to receive a lawful immigration visa or obtain a green card.

  • Criminal Conviction Waiver Eligibility & Requirements

    Not all applicants convicted of a crime qualify for the criminal conviction waiver.

  • Crimes That May Be Waived

    Crimes that may be waived are:

    • One-time possession of Marijuana (less than 30g)
    • 2+ crimes that led to over 5 years of incarceration
    • Crimes associated with moral turpitude
    • Prostitution conviction
    • Other crimes that were not proven in court

  • Crimes That Will NOT Be Waived

    Crimes that will not be waived are:

    • Trafficking Of Drugs
    • Human Trafficking
    • Murder
    • Torture
    • Possession of over 30 grams of marijuana
    • Laundering of money

  • Qualifying Relatives

    Under the criminal conviction waiver, qualifying relatives (of American citizens or legal permanent residents) include:


    • Children
    • Parents
    • Legal Spouses

Misrepresentation or Fraud Waiver

I-601 waiver applicants may be denied and deemed inadmissible due to previous misrepresentation or fraud. The misrepresentation or fraud waiver grants the applicant the ability to overturn the inadmissible status and continue through the immigration process.

  • Misrepresentation Or Fraud Waiver Requirements

    To qualify for the misrepresentation or fraud waiver, the applicant must challenge and overturn the findings that once deemed them inadmissible.

  • Challenging Inadmissibility Findings

    Original findings must be challenged and overturned to be classified as permissible through the misrepresentation or fraud waiver. To challenge the finding of inadmissibility, the applicant must show that (if applicable):


    • No misrepresentation or fraud was present
    • The fraud that was found was unintentional
    • The misrepresentation that was found was not willful

  • Qualifying Relatives

    Under the misrepresentation or fraud waiver, qualifying relatives (of American citizens or legal permanent residents) include:


    • Parents
    • Spouses

I-601A Provisional Waiver in Annandale

  • Services in Virginia, Maryland, and Delaware

    Individuals who have entered the United States without inspection often, who have overstayed their visas, and who have violated the terms of their visa face significant obstacles in obtaining permanent resident status in the United States. More often than not, these individuals cannot obtain their permanent resident status while living in the United States. Instead, they may be required to depart the United States to their country of origin and pursue their green cards abroad. Nonetheless, by doing so, they would be subject to a 3 or 10-year bar of re-admission into the United States due to their prior unlawful presence in the United States. They also do not have a guarantee to return to the United States and face years of separation from their loved ones while trying to legalize their status.


    Fortunately, the I-601A Waiver is an ideal solution for those facing this issue. This application will cure the 3 or 10-year bar, significantly reduce the separation time apart from loved ones in the United States, and ultimately help secure a green card.


  • What Is An I-601A Waiver?

    The I-601A Waiver (Provisional Unlawful Presence Waiver) is a waiver that lessens the period of an undocumented alien’s separation from their family in their attempt to obtain a green card. The waiver was introduced as a relatively new immigration waiver in March 2013. Before the I-601A Waiver, applicants for permanent residence who had entered without inspection or violated the terms of their status may have had to depart the United States to obtain their green cards. During that departure, they would file a waiver for their unlawful presence and wait for the adjudication of the waiver in their home country. With long processing times, waiting out this process resulted in years of separation from family and other loved ones in the United States.


    Nonetheless, the primary benefit of the I-601A waiver is that it can be submitted while the applicant is waiting in the United States. Being able to remain in the United States while the waiver is decided upon drastically reduces the time apart from loved ones in the United States. Once the I-601A Waiver is approved, the applicant departs to their home country only for a short period for consular processing, usually 2 to 3 weeks, and subsequently re-enters as a permanent resident.

  • The Importance of An Immigration Attorney

    If you are seeking to file an I-601A Waiver, you should make sure you are applying with the assistance of a licensed and experienced immigration attorney. The I-601A Waiver is a complex application requiring extensive evidence to be submitted and approved. A licensed and experienced immigration attorney will be able to assist you by preparing this waiver for you so that you have the best chance of obtaining approval.

  • The 3-Year and 10-Year Bar

    Suppose an individual resides In the United States without lawful immigration status. In that case, he or she may be subject to a 3 or 10-year bar of being allowed to re-enter the United States after departure.

  • 3 Year Bar

    Suppose an individual has been living without lawful status in the United States for 1 year. In that case, they may be subjected to a 3-year waiting period before being eligible to apply for readmission into the U.S. This constitutes a 3-year bar.

  • 10 Year Bar

    Suppose an individual has been living without lawful status in the United States for more than 1 year. In that case, they may be subjected to a 10-year waiting period before being eligible to apply for readmission to the U.S. Many undocumented aliens are at risk of being separated from their families for either a 3-year or 10-year period. This often prevents them from traveling back to their country of origin to apply for a green card.

  • I-601A Waiver Eligibility and Requirements

    Certain requirements must be met before an undocumented alien is eligible to apply for an I-601A Waiver. The list of criteria includes the following:


    • Be physically present in the United States
    • Being 17 years of age or older
    • Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State
    • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent
    • Believe you are or will be inadmissible only because of a period of unlawful presence in the United States

    Meeting the eligibility requirements for an I-601A Waiver is not guaranteed approval. It is important to take up your case with the guidance of a licensed immigration attorney and not rely on your knowledge and skills.

  • Benefit Of The I-601A Waiver

    The I-601A waiver has the benefit of dramatically reducing the wait time an individual has to be separated from their family while obtaining their permanent resident status.

  • Defining Extreme Hardship

    Extreme hardship is a legal term that refers to any hardship more severe than a normal hardship that a qualifying relative might endure from an extended separation from the applicant for the waiver. Factors that may be relevant in establishing extreme hardship include emotional and psychological trauma suffered from separation, loss of employment or educational opportunities, access to medical care, and other severe changes in the life of the qualifying family member resulting from the separation as well as conditions in the country to which the relative may have to move because of her inability to remain in the U.S. without the applicant.

  • Providing Evidence Of Extreme Hardship

    When applying for an I-601A Waiver, the evidence must be demonstrated that a qualifying relative would suffer from extreme hardship. A good case will include evidence of various types of hardship, such as medical, emotional, financial, and psychological hardship.


    Evidence that can be submitted includes, but is certainly not limited to:


    1. Medical records for the qualifying relative confirming that he or she is suffering from a medical condition that requires treatment and care;
    2. Psychological report for the qualifying relative, confirming that he or she would suffer significant psychological trauma if they are separated from the applicant for the waiver;
    3. Documents confirming finances, such as monthly expenses and the overall income of the qualifying relative and the applicant, would show financial hardship if the applicant is not able to remain in the United States and provide their income
    4. Affidavits from family and friends attesting to the hardship that the qualifying relative will face;
    5. Country conditions information for the applicant’s country of origin, demonstrating what harm the applicant could endure if returned there, as well as demonstrating the significant change in the quality of life for the qualifying relative

    It is important to note that each individual’s case may require additional hardship evidence. It is very important to work with an experienced immigration attorney who will be able to assess your case and determine what the best possible evidence would be in your case to support a finding of extreme hardship.

  • Preparing The I-601A Waiver Application

    It is important that you understand the application process and what steps must be taken to ensure you have a strong chance of receiving approval.


    Having the assistance of a licensed immigration attorney will help make the application process go much more smoothly. To learn more about the I-601A Waiver or to get assistance in determining your eligibility for this specific waiver, contact Johnson & Masumi, PC. Our firm has handled several waiver cases successfully, resulting in grants of green cards to many clients who did not think they could ever attain permanent residence. We are eager to guide you every step of the way through the legal process of obtaining an I-601A Waiver.


Share by: