Published: July 19, 2023
Recent estimates show that around 3.6% of the American population are illegal immigrants. It is notable, however, that not all of them entered the US illegally. Many of them had valid visas but failed to renew their authorization. The most common examples are foreign workers who suddenly lost their employment. It is advisable for those who did not intend to become unlawfully present within the country should consult an immigration waiver attorney.
Besides deportation, unlawfully present immigrants may also be subject to a three- to ten-year ban from entering the US. If you are in this situation, do not hesitate to reach out to ALG Lawyers. Our Los Angeles immigration law firm will dedicate our time and expertise into your case.
What is an immigration waiver?
Becoming unlawfully present within the US disqualifies applicants from successfully acquiring a green card or visa. However, by filing an immigration waiver, the US government may “forgive” the applicants’ grounds for inadmissibility. Other than green cards and non-immigrant visas, applicants with immigration waivers may process the following:
- Adjustment of status
- Certain nonimmigrant statuses
- Other immigration benefits
However, visa applicants should note that not all grounds of inadmissibility could be waived. Only those provided under Section 212 of the Immigration and Nationality Act are allowable. It is ideal to talk with an immigration waiver attorney for a more extensive discussion on this matter.
Different Immigration Waivers and Forms of Relief
Each type of immigration waiver may grant visa or green card applicants a specific kind of relief. Explore the different benefits available depending on the application you are filing.
Application for Advance Permission to Enter as a Nonimmigrant
Filing an application for advance permission to enter as a non-immigrant is recommended for inadmissible non-immigrants who already gathered their documentary requirements or T or U non-immigrant visa applicants. Interested parties should submit this form to the U.S. Customs and Border Protection (CBP) prior to one’s travel date to the United States.
If you are interested in seeking admission through the Visa Waiver Program (VWP), it is not advisable to file an application for advance permission to enter as a non-immigrant. Instead, work with an immigration waiver attorney to determine how to apply a nonimmigrant visa and obtain an authorization to travel.
Application for Waiver of Grounds of Inadmissibility
When deemed “inadmissible” by US immigration authorities, it is best to petition for a waiver of grounds of inadmissibility. Most of the grounds relate to health issues, illegal labor, criminal history, national security, fraud, and unlawful presence. Immigrants may apply for this waiver whether they are residing within or outside the United States.
For those already residing in the US, applying for an immigration waiver will prevent the three- to ten-year ban upon re-entering the country. The waiver will play a crucial role in this instance because the applicants must return to their home country to undergo consular processing.
Application for Provisional Unlawful Presence Waiver
Others also call the provisional unlawful presence waiver as “stateside waiver.” This immigration waiver can be beneficial for applicants intending to appear at a US embassy or consulate for a visa interview. Specifically, it is available to all individuals deemed eligible by immigration laws to apply for an immigrant visa. These applicants may include:
- Immediate relatives of US citizens and LPRs
- Family-based visa applicants
- Employment-based visa applicants
- Diversity visa selectees
In the event your provisional unlawful presence waiver is revoked, it is still possible to petition for a waiver of grounds of inadmissibility.
Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Being deported or removed from the US does not necessarily mean that you could no longer immigrate to the country. In this situation, you could file an application for permission to reapply for admission into the United States after deportation or removal. Applicants should process this immigration waiver before re-entering any part of the US territory. One’s failure to do so may result in permanent inadmissibility.
What happens if your immigration waiver is denied?
Receiving a notice that your immigration waiver was not granted can be devastating. However, you have multiple options to address this scenario. You may attempt to reapply for the same waiver. If you qualify for other waivers, you may also try to apply for another type. But before taking any steps, it is most practical to consult an immigration waiver attorney.
Filing Tips for Immigration Waiver
Always exercise caution when filing immigration waivers. A single mistake can prompt USCIS or any immigration agencies to deny your application. These tips should be helpful in increasing your chances of approval:
Use the correct forms
There are specific forms for every immigration waiver. Learn the contents of every form and determine which of them matches your needs. Even if your attachments are correct, filing the wrong form could still render an application useless.
Fill in all necessary details
Review every blank or box while filling out forms. Also, make sure you are filling out the correct space. Sometimes, applicants get distracted and end up writing details in the wrong section.
Be truthful
Write accurate and truthful information. There is no use putting false information in your forms because immigration agencies will conduct a thorough investigation about your application. If they find out you placed fraudulent information, your application will be denied. You may also get banned from applying again.
Do not forget your signature
It is a common mistake for applicants to forget lodging their signatures. A signature verifies the identity of a benefit requestor. USCIS will return unsigned forms to the applicants.
Check multiple times before filing
Even if you are in a rush, do not skip on reviewing your submission and its attachments. Having a second or third look could help identify if something is wrong with your application. Resolving any issues before submitting your application could help prevent procedural delays.
Benefits of Hiring an Immigration Waiver Attorney
Partnering with an immigration waiver attorney is a worthy investment. They can help you navigate immigration processes with ease and in compliance with legal standards. Here are other reasons why you should hire an immigration waiver lawyer:
Legal guide
Immigration waiver attorneys have the knowledge and experience to guide you through the processes. They can also offer insights whenever deciding which legal solutions are best for certain situations.
Updates on immigration policies
Immigration laws change all the time. Your legal counsel could keep you updated on the policies and help you understand their legal implications. Applicants often do not realize that a new immigration law made significant effects on their ongoing applications.
Auditing of submissions
It is also an immigration waiver attorney’s job to help you stay organized with your applications. Their staff could help you track previous submissions and remind you about pending requirements.
Exploration of legal options
As mentioned earlier, there are multiple kinds of immigration waivers and each of them hold specific benefits. Immigration waiver attorneys can guide you in choosing the most appropriate forms to file and the best actions to take whenever problems arise.
Litigation services
Your immigration waiver attorney could also represent you in court. You can contract their services to preserve your rights, especially against deportation.
Work with Reliable Immigration Lawyers in Los Angeles
Sometimes, the unexpected happens: your work permit extension gets denied or something goes wrong with your immigration documents. But despite how challenging the situation gets, do not give up too easily. An immigration waiver attorney can help you discover legal solutions for your problems.
ALG Lawyers is an immigration law firm based in Los Angeles and our experts have been in the legal practice for more than twenty years. Our team of dependable immigration lawyers and staff can help you handle immigration-related issues and resolve them efficiently. Do not hesitate to get in touch with us if you have inquiries about any of our services.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)