Who Approves Immigration Waivers?
Immigration waivers are approved by the U.S. Citizenship and Immigration Services (USCIS). Factors considered for approval include evidence of extreme hardship to qualifying U.S. relatives (spouse, parent, or child), rehabilitation in cases of criminal inadmissibility, and proof of eligibility for the specific waiver.
An immigration attorney at Bassey Immigration Law can help you fill out the required paperwork and ensure that your application is complete and all the necessary documentation is provided. We have over a decade of legal experience resolving many challenging immigration issues. Our multilingual team fully understands the immigrant experience and knows how to successfully fight for your future.
What is an Immigration Waiver?
An immigration waiver, also known as an inadmissibility waiver, may permit noncitizens who are otherwise ineligible for a green card or visa under the law to legally enter or remain in the U.S.
Grounds for inadmissibility include:
- Criminal convictions
- National security threats
- Overstaying visas
- Unauthorized employment
- Entering the country illegally
- Fraud or misrepresentation
- Substance abuse history
- Likelihood of becoming a public charge
- Communicable disease diagnosis, such as tuberculosis
An immigration waiver provides a pathway for individuals to address barriers to admissibility and pursue their immigration goals. It plays a crucial role in balancing immigration laws with humanitarian considerations.
Immigration Waiver Eligibility
An inadmissibility waiver may be granted only to applicants who are married to, engaged to, or have a parent who is a U.S. citizen or lawful permanent resident, provided that their absence would cause “extreme hardship” to that family member.
Fill out Form I-601, Application for Waiver of Grounds of Admissibility, which is usually filed when you are outside of the U.S. and believe you are inadmissible to the U.S. and seeking an immigrant visa or adjustment of status.
Provisional Unlawful Presence Waiver
This waiver is used when an immigrant has overstayed the 180 days provided in a temporary visa. The primary advantage of an I-601A Waiver is that the applicant does not need to return to their country to initiate the process. Enlisting the help of an immigration attorney is highly recommended to help avoid having the provisional waiver fail on other grounds of inadmissibility.
This waiver is available to relatives of U.S. citizens or lawful permanent residents and can demonstrate that their absence would cause “extreme hardship” to their qualifying relative.
The purpose of the waiver is to reduce the time families are separated during the visa application process. It applies only to inadmissibility due to unlawful presence and does not address other grounds of inadmissibility, such as criminal history or fraud.
National Interest Waiver
A National Interest Waiver (NIW) is a provision under U.S. immigration law that allows individuals to bypass the labor certification process and the requirement of a specific job offer–if their work is deemed to be in the national interest of the United States. This waiver is often granted to individuals whose expertise or proposed work significantly benefits the country, such as advancements in science, technology, healthcare, or economic development.
The NIW is commonly used by researchers, entrepreneurs, and professionals in fields of national importance. It provides a pathway to permanent residency without requiring employer sponsorship.
Contact Bassey Immigration Law Center
Immigrants facing admissibility challenges to their entry into the U.S. can look to the Bassey Immigration Law Center for assistance from an individual and family immigration lawyer in Florida who is sympathetic to their cause. Our knowledgeable and experienced immigration attorneys have gained admission for many individuals, even where they have previously been declared inadmissible.
If you want to know whether you are eligible for an immigration waiver, contact us today so we can review your options.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
