About Immigration Waivers
An immigration waiver is a request for the government to lift a certain restriction, such as a restriction preventing an inadmissible immigrant from reentering the U.S. Two common immigration waivers are “waivers of inadmissibility” and “waivers for reapplication for admission.”
Waiver of Inadmissibility
A waiver of inadmissibility allows an immigrant to re-enter the U.S. after being found inadmissible. Being found inadmissible means an immigrant is banned from entering the U.S. for a period of time. This ban can last anywhere from five years to a lifetime, depending on the case. An immigrant is typically found inadmissible for overstaying a visa, immigration fraud, or a criminal record. To qualify for a waiver of inadmissibility, an immigration waiver applicant must prove their U.S. citizen spouse or parent will suffer extreme hardship if they are deported and/or banned from entering the U.S.
Waiver to Reapply for Admission
A waiver to reapply for admission allows an immigrant to reapply for entry into the U.S. after being deported. This immigration waiver is commonly filed along with a waiver of inadmissibility.
There are several other types of waivers available, including fee waivers to bypass filing fees, and non-immigrant (temporary) waivers for inadmissible workers or visitors who want to enter the U.S.
Recently, a new Provisional Unlawful Presence Waiver was announced. It will reduce the time U.S. citizens will be separated from their inadmissible immigrant relatives during the consular visa process. The waiver is set to take effect March 4, 2013.
To learn more about the new Provisional Unlawful Presence Waiver, as well as as Waivers of Inadmissibility and Waivers to Reapply for Admission, contact the immigration attorneys at M.C. Law Group today. Our immigration lawyers can explain these waivers to you, and determine which waiver is suitable for your situation.