WAIVERS

Basically, an immigration waiver is a pardon for immigration law violations. You may be inadmissible or removable from the United States due to various reasons. If you are inadmissible, you are not permitted by the law to enter the United States. It also precludes you from obtaining any legal immigrant or nonimmigrant benefits even if you are already in the United States. Likewise, if you are removable, you are not permitted by the law to remain in the United States.

There are many grounds for inadmissibility. Some of the common grounds include criminal arrest and/or convictions, entering the US without permission, using fraudulent documents, overstaying the visa, or prior deportation orders. Many of the grounds for inadmissibility can also be used as the grounds for deportability. If you are inadmissible or removable, in some circumstances, you can request to the US government through the petition for waiver to forgive your past wrongdoing.

Waivers can be submitted in immigration court, to United States Citizenship and Immigration Services, or to a US Embassy or Consulate.  Generally, waivers are filed together with a petition to become a permanent resident, to defend against deportation, to apply for U/T visas, or to enter the United States as a nonimmigrant. Some waivers can be only filed after the consul determines that a person is inadmissible.

 

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