Overcoming Bars to Admission
Many people are surprised to learn that past immigration violations, criminal history, or prior orders of removal do not necessarily make them permanently ineligible for a visa or green card. Waivers exist to provide a second chance — but they require detailed, well-documented applications that demonstrate eligibility and, in many cases, extreme hardship to a qualifying U.S. citizen or permanent resident relative. We build compelling waiver packages that give our clients the best possible chance of approval.
Common Waivers We Handle
- I-601A Provisional Unlawful Presence Waiver
- I-601 Waiver of Grounds of Inadmissibility
- I-212 Permission to Reapply After Removal
- Criminal inadmissibility waivers (CIMT, drug-related)
- Fraud and misrepresentation waivers (INA § 212(i))
- Health-related grounds waivers
What Makes a Strong Waiver
- Thorough extreme hardship documentation
- Supporting affidavits from qualifying relatives
- Medical, financial, and psychological evidence
- Country condition reports where relevant
- Clear, well-reasoned legal argument
- Demonstration of rehabilitation (if applicable)
Waiver Denials Can Be Appealed: If a previous waiver was denied, that is not the end of the road. We carefully review prior applications, identify weaknesses, and build substantially stronger submissions on appeal or refiling.
Unlawful Presence Bars
- 3-year bar: unlawful presence of 180 days to 1 year
- 10-year bar: unlawful presence of more than 1 year
- Permanent bar: re-entry after removal with prior unlawful presence
- I-601A allows waiver before departing the U.S.
- Qualifying relative must be a U.S. citizen or LPR spouse or parent
Criminal Grounds
- Crimes Involving Moral Turpitude (CIMT)
- Simple possession of 30g or less of marijuana
- Prostitution-related offenses
- Certain misrepresentation-related bars
- Note: some criminal grounds cannot be waived