An overview of the various Immigration Waivers that our family immigration legal practice handles. We excel with complex cases.

I-601 Waiver

In certain circumstances, the foreigner is barred from the U.S., most commonly where the foreigner

1. has been in the U.S. unlawfully for more than 6 months
2. committed certain crimes or
3. made a false statement to an immigration officer or other government official in order to obtain an immigration benefit, such as a visa to enter the U.S.

If the foreigner is barred from the U.S., a I-601 (or I-212) bar waiver is required. A petition for bar waiver may be filed by husband or wife, fiancée, child or parent who is a U.S. citizen. A bar waiver petition can generally be successful only when it can be shown that the U.S. citizen is unable to reside outside the U.S. due to a serious and permanent medical condition or other extreme hardship. The hardship must be unique to the U.S. citizen’s circumstance. Read More About I-601 Waivers »

I-212 Waiver

A foreigner can be barred from the U.S. by court order or as the result of summary removal at a port of entry by a U.S. border agent. Generally, a successful applicant for a bar waiver must show the equities weigh heavily in favor of setting aside the bar and allowing the foreigner access to the U.S. Very often, where there is a removal order, there are other bars as well such as for misrepresentation or crimes. It is common to have multiple bars, each with different waiver requirements. Read More About I-212 Waivers »

IMBRA

The International Marriage Broker Regulation Act was created to help prevent foreigners from being abused by the U.S. citizen fiance. Among other things, it prohibits a U.S. citizen from processing a new K1 fiancee visa petition (without a waiver) where the U.S. citizen:

1. has filed two or more K-1 visa petitions at anytime in the past, or
2. previously had a K-1 visa petition approved within two years prior to the filing of the current petition.

If the U.S. citizen has such prior K visa petitions filed and approved, a waiver must be obtained before a new K-1 petition can be approved.

Allan

By regulation, this provision does not apply to a K-3 / CR spousal visa petition. It also does not apply if the prior K visa petition was for the same foreigner. Read More About IMBRA Waivers »

Adam Walsh Act

The Adam Walsh Act prohibits a U.S. Citizen from immigrating a foreign fiancee or spouse if the U.S. citizen has a conviction involving any form of sexual contact against a minor child, under the age of 18 years. A waiver to permit the U.S. citizen to proceed with immigrating a fiancee or spouse is possible, but difficult. Read More About Adam Walsh Waivers »

J Visa

If your fiancee or spouse is already in the U.S. on a J visa, check the visa located in the passport to determine whether or not a two-year home restriction (under INA §212(e)) does or does not apply. If the home restriction does not apply then it can be possible to change status from a J visa to U.S. permanent resident green card holder based on marriage. Read More About J Visa Waivers »

Call for Assistance — Hiring a qualified and experienced immigration attorney is important when trying to overcome a bar. Call to discuss your situation. Initial consultation is FREE.