Pardons or Waivers

Understanding Immigration Waivers

What Is an Immigration Waiver?

An immigration waiver is a type of legal “pardon” that allows someone who is otherwise inadmissible or deportable to remain in or enter the United States. Inadmissibility can arise for many reasons, such as prior immigration violations, unlawful presence, fraud, or certain criminal offenses.

When applying for a visa, green card, or other immigration benefit, U.S. immigration authorities will evaluate whether an applicant has any grounds of inadmissibility or removability. If such grounds exist, a waiver may be required to proceed with the application or to avoid removal.

How Do I Apply for an Immigration Waiver?

One of the most common ways to apply for a waiver is by filing Form I-601, Application for Waiver of Grounds of Inadmissibility. This form is typically used when a person is found ineligible to adjust status or receive a visa due to specific inadmissibility issues. There are also other types of waivers, such as Form I-601A for provisional unlawful presence, and Form I-212 for permission to reapply after deportation or removal.

Each waiver type has its own eligibility requirements, legal standards, and evidentiary burdens. Many waivers also require you to demonstrate extreme hardship to a U.S. citizen or lawful permanent resident family member.

How We Can Help

At PRO Immigration Lawyers, we have extensive experience helping clients navigate the complex waiver process. Whether you are facing inadmissibility based on unlawful presence, prior removal, fraud, or criminal history, we will work closely with you to build a compelling case for a waiver and give you the best possible chance at relief.

For more information about the process, please get in touch with us.