Orange County Immigration Waiver Lawyer

Many immigrants discover that even a small mistake in their past can make them “inadmissible” under U.S. law. Our Orange County immigration waiver lawyer can help clients overcome those obstacles using waivers that are specifically intended to restore a person’s eligibility for a visa, green card, or adjustment of status.

Orange County immigration waivers can include unlawful presence waivers, criminal waivers, and waivers for fraud or misrepresentation. We focus on helping each client’s case move forward with clear explanations, so families have a fair opportunity to stay together in the United States.

Hire an Immigration Waiver Lawyer

U.S. Law Center has a long track record of success in handling difficult immigration cases that involve waivers and hardship applications. Our attorney is well-versed in how USCIS and the immigration court will weigh different factors, such as family relationships, rehabilitation, and hardship evidence. 

Based in Orange County near the Santa Ana Immigration Court and local USCIS field office, we offer attentive representation for Orange County residents. Every case is prepared with care, honest counsel, and advocacy based on a thorough understanding of how to overcome legal obstacles to obtaining lawful status.

Understanding Immigration Waivers and Inadmissibility

Inadmissibility is a legal finding that someone is banned from entering or remaining in the United States. Typical reasons for inadmissibility include prior unlawful presence, fraud or misrepresentation, and certain criminal convictions. 

Immigration waivers are applications that allow a person to request forgiveness for certain issues if they qualify under the law. The first step is knowing which waiver applies and what evidence is needed to help resolve an immigration case that could otherwise result in denial.

 I-601 and I-601A Waivers

The I-601 and I-601A waivers are among the most common forms of relief for unlawful presence in the United States. The I-601A waiver enables certain applicants to apply for their waiver while still in the United States before consular processing to lessen family separation time. Successful waiver applications depend on showing the severe impact on a U.S. citizen or legal permanent resident spouse or parent under a denial of reentry.

Overcoming Delays, Denials, and Complex Cases

Petitions may be delayed or denied for a variety of reasons. This could include a missing document, an out-of-date form, mismatched information between applications, or a failure to show the evidence required to qualify. For example, many petitions are delayed or denied for lack of proper proof of the relationship between a petitioner and beneficiary, sufficient income for purposes of sponsorship, or a previously unaddressed prior visa overstay.

If a petition has been delayed or denied, there may be options to file a motion to reopen, a motion for reconsideration, or an appeal. Alternatively, a waiver may be filed to overcome the stated ground of inadmissibility. It is important to know the reason the petition was delayed or denied before taking the next step, since the appropriate remedy will depend on the type of petition filed as well as the legal reason for refusal.

Criminal Waivers and the Importance of Rehabilitation

Certain criminal convictions can lead to inadmissibility, but waivers are possible for some under INA §212(h), though U.S. law is very limited on opportunities to request a waiver. These waivers often require showing rehabilitation and that there are positive factors that outweigh the negative factors. 

Community service, a long history of employment, and evidence of family stability can all play an important role. Submitting clear and organized documentation of rehabilitation provides adjudicators with a reason to grant relief, instead of enforcing permanent inadmissibility.

FAQs

Q: What Is an Immigration Waiver?

A: An immigration waiver is a request to the U.S. government to overlook or forgive certain grounds of inadmissibility. This includes issues like overstaying a visa, illegal entry, misrepresentation, or certain criminal convictions. Approval of a waiver does not erase the previous violation or offense. Rather, it forgives the act, allowing the person to proceed with their immigration case. Waivers have different forms depending on the issue, each with specific eligibility criteria and required evidence.

Q: ​​How Common Are Immigration Waivers Like the I-601A?

A: Immigration waivers are common. According to the U.S. Citizenship and Immigration Services (USCIS), 8,550 I-601A provisional unlawful presence waivers were filed during the third quarter of fiscal year 2023. The form allows some immigrants to apply for forgiveness before leaving the U.S. to go through consular processing.

Q: How Do I Qualify for an I-601 or I-601A Waiver?

A: To qualify for an I-601 or I-601A waiver, the applicant must show that their U.S. citizen or legal permanent resident spouse or parent would face difficulties if the waiver were not granted. Hardship can be based on a variety of factors, including medical, financial, or emotional considerations. The application package should include ample documentation and evidence to support this claim beyond the normal stress of family separation. This gives USCIS a strong reason to approve the waiver request.

Q: Can a Criminal Record Be Waived in an Immigration Case?

A: Certain criminal offenses can be waived under section 212(h) of the Immigration and Nationality Act. Applicants must show rehabilitation and that it is not contrary to the public interest to forgive the offense. Not all offenses are eligible for 212(h) waivers. But many older or less serious convictions can be forgiven if the applicant has since led a stable, law-abiding lifestyle. Legal consultation can help determine what waivers are available.

Orange County Immigration Waiver Lawyer

Immigration waivers are intended to provide individuals who may be otherwise inadmissible with another opportunity to obtain lawful status. These cases are fact-specific and often turn on timing, evidence, and presentation of a non-waivable ground of inadmissibility, or evidence of hardship or rehabilitation. 

At U.S. Law Center, our attorneys explain available waivers to our Orange County clients, help clients build a strong evidence package, and work through the adjudication process with sensitivity. 

We provide families with a second chance to have a fair review and an opportunity to move forward with stability under U.S. immigration law. Book a consultation today to hire an immigration waiver lawyer.