Waivers

As the immigration laws of the United States become stricter, more foreign nationals find themselves inadmissible and in need of filing waivers in connection with their applications for permanent residence status, immigrant visa applications, or in defending themselves in removal proceedings. There are many reasons a foreign national may be inadmissible to the United States, including the following: certain crimes, fraud or willful misrepresentation, health-related grounds, smuggling, prior removals, unlawful presence, and foreign residency requirement for J-1 visa holders.

Our attorneys are experienced in navigating the complex intersection of statutes, regulations, case law, and agency memoranda to successfully obtain waivers. Some examples of the waivers our attorneys have obtained are:

Waiver for prostitution, crimes more than 15 years old, crimes of moral turpitude, simple possession of marijuana – INA § 212(h)

Waiver for fraud or misrepresentation – INA § 212(i)

Waiver of HIV ground of inadmissibility – INA § 212(g)(1) and 212(d)(3)(A)

Waiver of unlawful presence ground of inadmissibility and provisional unlawful presence waiver – INA § 212(a)(9)(B)(v)

Cancellation of removal for lawful permanent residents – INA § 240A(a)

Cancellation of removal for nonpermanent residents – INA § 240A(b)

Waiver of smuggling ground of deportability – INA § 237(a)(1)(E)(iii)

Waiver of misrepresentation of fraud in procuring visa/entry – INA § 237(a)(1)(H)

Waiver after prior removal or deportation: permission to reapply for admission – INA § 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii)

General waiver for nonimmigrants – INA § 212(d)(3)

Adjustment of status – under INA § 245(k)

Waivers under INA § 209(c)

Waiver of joint filing requirement – INA § 216(c)(4)

Waiver of the 2 year home residency requirement – INA § 212(e)

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