Immigration Waiver Attorneys in Skokie
Apply for a Waiver of Inadmissibility
An application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a bureau of the U.S. Department of Homeland Security (DHS).
If you are seeking a waiver of inadmissibility, it can help to have a knowledgeable immigration attorney on your side. At Gambacorta Law, we offer comprehensive representation to help people throughout the country achieve their immigration goals even when they have been labeled inadmissible. Our immigration waiver attorneys in Skokie are here to help you move forward.
Discuss your case with us today by calling (847) 443-9303 and scheduling an initial consultation.
Inadmissibility & Eligibility for a Waiver
Both immigrants seeking green cards and non-immigrants seeking a temporary stay in the U.S. can apply for a waiver of inadmissibility.
To obtain a waiver of inadmissibility, you must meet the grounds for inadmissibility, which include:
- Failure to have the necessary documents, such as a visa, passport, or green card
- Unlawful presence in the U.S.
- Conviction of a crime of moral turpitude
- Immigration fraud
- Illegal alien smuggling
To obtain a waiver of inadmissibility, you will likely have to prove that you have ties to the United States. Our waiver attorneys in Skokie can help you build a strong case backed by substantial evidence showing why you should be granted a certain immigration status despite your inadmissibility. You stand a better chance of approval if you can provide evidence showing that the U.S. benefits from you staying in the country.
Types of Waivers
When seeking a waiver of inadmissibility, you have a few options. The waiver you apply for will depend on the circumstances of your situation.
Inadmissibility Waiver for an Intending Immigrant (601 Waiver)
Anyone who has been denied a green card or a K-1 or K-3 visa when applying at a U.S. embassy or consulate or while adjusting their status in the U.S. can request a 601 waiver.
A 601 waiver can waive grounds of inadmissibility if you have been labeled inadmissible for overstaying a visa or for entering the country without undergoing an inspection. You may also be eligible for a 601 waiver if you were convicted of certain crimes. The overstay waiver can be used for both the three-year and 10-year bars.
Inadmissibility Waiver for a Temporary Worker or Visitor (212(d)(3) Waiver)
Nonimmigrants are subject to the same grounds of inadmissibility but do not use the 601 waiver. Instead, they file a 212(d)(3) nonimmigrant waiver either at a U.S. embassy or consulate abroad or at a port of entry in the United States. You can file the 212(d)(3) waiver informally or on form I-192.
Deportation Waiver (I-212)
Depending on how much time has passed, a deportation order can make you inadmissible. You can file a deportation waiver on form I-212 whether you are seeking an immigrant or nonimmigrant visa.
A J-1 visa holder can live and work in the U.S. for a short period of time as a participant in an exchange program. Once a J-1 visa holder has returned to their home country, they are generally expected to remain there for at least two years after the program. If they wish to return to the U.S. before that two-year period is up, they can apply for a J-1 waiver.
If someone is charged with misrepresentation or fraud, they face a lifetime bar unless they win the INA 212(i) Fraud Waiver.
There are some situations in which no waiver is available.
You may not obtain a waiver if you:
- Committed a criminal offense such as murder, torture, or conspiracy to commit murder or torture
- Are a previously admitted lawful permanent resident who committed an aggravated felony after becoming a lawful permanent resident
- Have been arrested on security-related grounds or for terrorist activity
- Were found guilty of document fraud
- Submitted a frivolous asylum application