You may have an issue in your case preventing the government from granting your application. However, you can often apply for a “waiver” to forgive the issue, so the application may be granted. If you have lived in the United States without permission, submitted a fraudulent application in the past, have past criminal convictions, or have a prior order of deportation or removal, you may need to request a waiver in order to obtain immigration benefits.
The Law Office of Pardeep S. Grewal has over 30years of collective experience with a wide variety of waiver applications. Many of our clients have received waivers and obtained legal residence in the United States despite past issues.
I-601 Waiver Applications
Form I-601 is a common waiver application used when an individual is considered “inadmissible” to the United States. If the application is approved, the government will forgive the inadmissibility and allow the individual to enter the United States (or adjust status if you are already in the United States).
Common applications that may require an I-601 waiver include :
- Applicants outside the United States who are found inadmissible following a visa interview.
- Applicants for adjustment of status.
- Violence Against Women Act (VAWA) self-petitioners.
- Temporary Protected Status (TPS) applicants.
- Nicaraguan Adjustment and Central American Relief Act (NACARA) applicants.
- K nonimmigrant (Fiancé) visa applicants.
Common grounds of inadmissibility that may be waived upon approval of an I-601 include :
- Individuals who have previously lived unlawfully in the United States.
- Individuals who have previously been deported or removed from the United States.
- Individuals who have committed fraud or misrepresentation on an immigration form.
- Individuals who have committed certain crimes.
I-212 Waiver Applications
Form I-212 is submitted by individuals primarily in two types of situations :
- Individuals who have previously been ordered deported or removed and who are now seeking to re-enter the United States.
- Individuals who have re-entered the United States without permission after previously living unlawfully in the United States or after previously being deported from the United States.
If you fall under one of these categories, there may be severe consequences if you enter the United States again without permission. Some possible consequences include having a previous deportation or removal order reinstated, being barred from legally entering the United States for an additional 10 years, being made permanently inadmissible to the United States, and being prosecuted in criminal court (possibly resulting in fines and/or jail time).
The purpose of Form I-212 is to ask the government to allow you to enter the United States legally, so you avoid the harsh consequences of entering without permission when you have a past history of immigration violations.
If you have such a past history, the smart move is to talk with an experienced attorney and make sure you obtain permission from the government before you re-enter the United States. Our office has years of experience filing successful I-212 waiver applications, and many of our clients have had their past violations waived and are now living happily in the United States!