Immigration Law Firm

Immigration Waivers: A Path Forward When You Are Found Inadmissible

Hearing that you are “inadmissible” to the United States can feel like the end of the road. It means you cannot receive your green card, visa, or re-enter the country unless you qualify for a waiver. But inadmissibility does not always mean denial. Many people are still able to overcome these barriers with the right waiver and strong legal representation.

At Abogada Vida, we help individuals and families apply for immigration waivers so they can continue their journey and build their new vida in the United States.

What Are Immigration Waivers?

Immigration waivers are legal tools that allow someone who is otherwise ineligible to enter or remain in the United States to request forgiveness for specific violations or grounds of inadmissibility. Each waiver has its own rules, eligibility criteria, and documentation requirements.

Common Immigration Waivers

Form I-601: Waiver of Grounds of Inadmissibility
Used to waive inadmissibility for issues such as health conditions, certain criminal convictions, or immigration fraud. Requires proving extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.

Form I-601A: Provisional Unlawful Presence Waiver
Designed for those inadmissible solely due to unlawful presence. Lets you apply before leaving the U.S. for consular processing, minimizing family separation. Requires proof of extreme hardship to a qualifying relative.

Form I-212: Permission to Reapply After Deportation or Removal
For individuals who have been deported or removed and want permission to lawfully reapply for admission to the U.S.

Form I-192: Advance Permission to Enter as a Nonimmigrant
Allows certain inadmissible nonimmigrants to request permission to enter temporarily, often used by individuals with past criminal convictions or other issues.

Form I-193: Waiver of Passport and/or Visa Requirement
Permits certain individuals to waive the normal requirement of a passport or visa, typically in emergency situations.

Form I-602: Refugee Waiver of Inadmissibility
Available to refugees to waive certain inadmissibility grounds, often when adjusting status to permanent resident.

INA §209(c) Waiver for Refugees and Asylees
Allows refugees and asylees to waive certain inadmissibility issues when applying for permanent residency. Can be granted for humanitarian reasons, family unity, or public interest.

INA §212(d)(3)(A) Waiver for Nonimmigrants
Provides flexibility for nonimmigrant visa applicants to waive certain inadmissibility grounds. Unlike many waivers, this one does not require a qualifying relative or proof of extreme hardship.

Criminal and Fraud-Related Waivers

INA §212(h) Waiver
Waives certain criminal grounds of inadmissibility, including crimes involving moral turpitude. Requires showing extreme hardship to a qualifying relative.

INA §212(i) Waiver
Used to waive inadmissibility based on fraud or misrepresentation. Requires proving extreme hardship to a U.S. citizen or permanent resident spouse or parent.

INA §237(a)(1)(H) Waiver
Helps certain individuals who were inadmissible at entry due to fraud or misrepresentation to waive those grounds, often with a qualifying relative.

INA §212(a)(9)(B)(v) Waiver
Applies to those subject to the three- or ten-year unlawful presence bars. Requires showing extreme hardship to a U.S. citizen or permanent resident spouse or parent.

How Abogada Vida Helps

Applying for an immigration waiver is one of the most challenging areas of immigration law. USCIS holds waiver applicants to a very high standard, and the process involves extensive documentation and legal arguments. That’s where our team comes in.

At Abogada Vida, we provide:

  • Eligibility Review: We determine which waiver applies and whether you qualify.

     

  • Evidence Building: We gather strong documentation — medical, financial, personal, and expert reports — to prove hardship or other qualifying factors.

     

  • Tailored Legal Strategy: Every case is unique. We craft arguments that highlight your family ties, contributions, and the impact of separation.

     

  • Precise Filing: We prepare and submit complete, accurate applications to avoid delays or denials.

     

  • Defense Against Denials: If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), we respond with powerful legal arguments.

     

  • Appeals and Refiling: If your waiver is denied, we guide you through appeals or strengthen your case for a new filing.

     

You Still Have Options

Being told you are inadmissible is not the end. With the right waiver and legal team, many people successfully overcome these barriers and continue their path toward lawful status in the United States.

At Abogada Vida, we fight with compassion and determination to help you and your family stay together, rebuild, and move forward. Contact us today to find out which waiver may apply to your case and start your new vida in the United States.

 

Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.

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