Waivers Attorneys In Kansas City, Missouri

Understanding Waivers

Under U.S. immigration law, there are certain barriers to immigration benefits. These are commonly known as the inadmissibility or removability grounds. If one of these grounds applies to an applicant, they may be found ineligible for certain immigration benefits. However, for some applicants, waivers can offer a solution. On this page, we provide a brief overview of the grounds of inadmissibility and removability and how a waiver may or may not overcome these grounds.

What are the Grounds of Inadmissibility?

In general, to be eligible for immigration benefits, a noncitizen must be "admissible" to the United States. Certain situations or acts can make a noncitizen "inadmissible," and unable to obtain immigration relief. The inadmissibility grounds include health-related grounds, crime-related grounds, grounds due to immigration violations, and more. A full list of the inadmissibility grounds can be found in the Immigration and Nationality Act at Section 212(a).

What are the Grounds of Removability?

In U.S. immigration law, the grounds of removability refer to specific situations or acts that can lead to the removal of an individual who is already present in the United States. These apply to individuals who have already been inspected and legally admitted to the United States, even after obtaining Lawful Permanent Residency. The grounds of removability are similar to the grounds of inadmissibility, but have some key differences. For example, certain crimes make an individual "removable" but do not necessarily make a person "inadmissible." A full list of the removability grounds can be found in the Immigration and Nationality Act at Section 237(a).

What Are Waivers?

Waivers allow individuals to overcome certain grounds of inadmissibility or removability. Essentially, they are exceptions that allow a person who would otherwise be ineligible for an immigration benefit to remain in or enter the United States. Importantly, some grounds can never be waived, while others can only be waived when applying for certain benefits. However, many waivers require you to demonstrate that your U.S. Citizen or Lawful Permanent Resident spouse or parent would suffer extreme hardship if the waiver was not granted.

Immigration waivers play a crucial role in overcoming barriers to entry or status adjustment in the U.S. By understanding the different types of waivers, you can better navigate the complexities of U.S. immigration law.

Call Martinez Immigration Law LLC at 816-491-8105 to schedule a consultation with a lawyer today.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

Case Types

I-601A Provisional Unlawful Presence Waivers

Certain grounds of inadmissibility can be triggered if you are unlawfully present in the U.S. for certain periods of time, and then depart the U.S. These are known as the "unlawful presence" grounds of inadmissibility. Depending on the length of time spent in the United States, an individual can be "inadmissible" for 3 or 10 years.

Three Year Unlawful Presence Ground of Inadmissibility: Applies if you have accrued more than 180 days but less than 1 year of unlawful presence during a single stay inside the United States, and you voluntarily departed the United States before removal proceedings were initiated.
Ten Year Unlawful Presence Ground of Inadmissibility: Applies if you have accrued one year or more of unlawful presence, and then departed the United States.

The I-601A Provision Unlawful Presence Waiver is a form of relief available to individuals who are inside the United States and need to address their unlawful presence before departing the country to attend a visa interview at a U.S. embassy or consulate abroad. Individuals may apply for this waiver before leaving the U.S. for their visa interview. You can read more about Consular Processing on our website.

To be eligible for the I-601A waiver, you must demonstrate that your U.S. Citizen or Lawful Permanent Resident spouse or parent would suffer extreme hardship if you were not granted the waiver, and had to remain outside the United States. If the waiver is approved, you can proceed with your immigrant visa application at a U.S. consulate or embassy abroad. Overall, the I-601A Provisional Unlawful Presence Waiver is a valuable tool for minimizing the time and hardship associated with departure and reentry into the U.S when consular processing.

INA 237(a)(1)(H) Waivers for Fraud/Misrepresentation

INA 237(a)(1)(H) Waivers are designed for immigrant visa holders who are facing deportation due to fraud or misrepresentation. The waivers can provide a legal remedy for these individuals, allowing them to potentially avoid removal. In Martinez Immigration Law LLC, we ensure our clients comprehend the implications and potential outcomes, providing experienced guidance throughout the process.

In providing these services, the team at Martinez Immigration Law LLC maintains its commitment to helping our clients navigate the complexities of immigration law in a compassionate, understanding, and reliable manner.