A person in a blue shirt is holding a large stack of files and documents, organized meticulously with black and orange binder clips. The background is blurred, drawing focus to the files and the person's hands, possibly a member of Lancaster Immigration Lawyers assisting with case preparations.

Lancaster County Immigration Waiver Lawyers

Have you been found to be “inadmissible” to the United States, or are you facing a lengthy ban on returning to the U.S. if you return to your country to apply for a green card? Applying for a “Waiver of Inadmissibility” might be an option for you. We will work with you to complete the application, gather supporting documents, and craft a statement that effectively explains your situation to the government. While we cannot guarantee any particular outcome, we strive to provide our clients with the best advice for their unique situations. Contact our skilled Lancaster County immigration waiver lawyers today.

Immigration Waiver Lawyers | Representing Clients Throughout Pennsylvania

Being deemed inadmissible to the United States can have drastic consequences on a person’s life. Fortunately, however, for some individuals, this is not the end of the road. If you’re looking to obtain a waiver, please don’t hesitate to speak with our skilled Lancaster immigration lawyers today.

Types of Immigration Waivers

The United States offers several types of immigration waivers, each designed to address specific grounds of inadmissibility. Understanding the differences is crucial in determining the most appropriate path forward for your unique situation.

  • I-601 Waiver: Also known as the Application for Waiver of Grounds of Inadmissibility, this waiver is for individuals outside of the U.S. who have been found inadmissible for reasons such as certain criminal activities, immigration fraud, or previous immigration violations. It requires demonstrating that denial of entry would cause extreme hardship to a U.S. citizen or lawful permanent resident who is your spouse or parent.
  • I-601A Provisional Waiver: This waiver allows individuals who are physically present in the U.S. but not eligible to adjust their status due to unlawful presence, to request a provisional waiver before they leave the U.S. for their immigrant visa interview. It aims to minimize the time families are separated during the green card process.
  • I-212 Waiver: If you have been previously removed from the U.S. or have been unlawfully present and then left the country, this waiver allows you to apply for readmission before the required waiting period is over.
  • Waiver for Communicable Diseases: If you have been found inadmissible due to a communicable disease, you may apply for a waiver by meeting certain health-related criteria.
  • VAWA Waivers: Victims of domestic violence who are inadmissible can apply for a waiver under the Violence Against Women Act (VAWA), which provides a path to legal status for abused spouses and children of U.S. citizens or Lawful Permanent Residents.

Eligibility for Immigration Waivers

Eligibility for an immigration waiver depends on the specific waiver you are applying for and your individual circumstances. Generally, you must demonstrate that:

You have a qualifying relative who is a U.S. citizen or Lawful Permanent Resident, and that they would suffer extreme hardship if you were not allowed to enter or remain in the U.S.
Your case merits favorable consideration based on factors such as family ties in the U.S., long-term residence, evidence of rehabilitation if convicted of a crime, and the impact of separation.

It’s important to note that “extreme hardship” is more than the usual hardship a family member would experience if separated. It includes considerations such as financial destitution, significant health issues, or educational setbacks, among others.

Applying for a Waiver

Applying for a waiver is a complex process that requires careful preparation and detailed documentation.

  1. Determine Your Grounds of Inadmissibility: The first step is to understand why you have been deemed inadmissible. This will guide which waiver application is appropriate for your situation.
  2. Gather Evidence: Collecting compelling evidence to support your case is crucial. This may include medical records, financial documents, affidavits from family and friends, and any other evidence that demonstrates the hardship your qualifying relative would face.
  3. Prepare Your Application: Complete the necessary waiver application form (such as Form I-601 or I-601A) and craft a personal statement that clearly articulates your situation, the hardships involved, and any other factors that support your case.
  4. Submit Your Application: File your application with the U.S. Citizenship and Immigration Services (USCIS) along with the filing fee. The location where you should send your application depends on the waiver you are applying for.
  5. Attend an Interview: In some cases, you may be required to attend an interview at a U.S. Embassy or Consulate.
  6. Wait for a Decision: The processing time for a waiver application can vary. It’s essential to remain patient and be prepared to provide additional information if requested by USCIS.

Contact Our Lancaster County Immigration Lawyers Today

If you’re looking to obtain a waiver so you can remain in the United States, our seasoned immigration lawyers stand ready to help. Contact Lupton Law LLC for a free consultation about whether you may be eligible for a Waiver of Inadmissibility and the steps you would need to take to apply.

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