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Waivers of Denials


If you are an applicant for an Immigrant Visa (Spouse Visa, Fiancé Visa and all other Family Unification Visas) at a U.S. Consulate abroad or for Adjustment of Status to Green Card/Lawful Permanent Residence inside the United States, you may file the I-601 and I-912 Waiver Petitions of Inadmissibility to obtain relief from the following grounds:

  1. Health-related grounds
  2. Crimes, arrests
  3. Fraud and misrepresentation.
  4. Unlawful presence in US (visa expired, out of status stay, entering without visa) — 3 year and 10 year BARS
  5. Membership in totalitarian party.
  6. Being an alien smuggler.
  7. Being subject to civil penalty.
  8. Having a prior order of removal and the prerequisite 5 or 10 years have not yet passed – with I-912 Waiver.
  9. Public Charge Charge of Inadmissibility (having received Social or Public Benefits; insufficient income by sponsor).

To apply for a Waiver, the applicant must be a person over 18 years of age who was denied an immigrant visa or adjustment of status based on one of the above 8 inadmissibility grounds, but has qualifying US citizen or green card holder family members who would experience hardship if the applicant was removed or unable to come to US to join them.

The Waiver is a petition with which the applicant and her US citizen or green card holding qualifying family members (spouse, parents, children and siblings) can demonstrate to USCIS extreme hardship the removal would cause them such as medical hardship, financial hardship, educational hardship and others.

With every Waiver case, we submit to USCIS or Department of State the following:

  1. I-601 or I-912 Form.
  2. Proper Government Fees.
  3. Statement from Applicant admitting the wrongdoing, showing remorse, listing the hardships to the qualifying relatives and respectfully asking for leniency.
  4. A sworn statement from each qualifying relative explaining how removal of the alien applicant would result in hardship to the US citizen relative.
  5. Supporting sworn statements from other family members.
  6. Children’s letters.
  7. Police clearance letters where applicable.
  8. Medical documentation proving the hardship to the qualifying relative(s).
  9. In some situations – an evaluation report of the qualifying relative’s psychologist.
  10. Other evidence of hardship.
  11. Evidence of applicant’s rehabilitation and good moral character.
  12. Church or mosque or other religious organization letters in support of applicant and qualifying relatives.
  13. Background articles and information.
  14. Attorney brief explaining how the case facts fit various statutes and precedent cases in the right jurisdiction where the applicant is intending to live in the U.S.

What are the different types of Waiver Applications?

  1. Form I-601 – Application for Waiver of Grounds of Inadmissibility. This applies to visa denials and green card denials for crimes, lying on forms, lying, social benefits collection, prior out of status stay (unlawful presence) and resulting 3-year and 5-year bars to reentry, medical problems and others.
  2. Form I-601A – Provisional Unlawful Presence Waiver (waiving unlawful presence in US PRIOR to and in advance of leaving and travelling to home country for consular interview)
  3. Form I-912 – Application for Permission to Reapply for Admission into the US AFTER prior deportation orders

Shepelsky Law Group is a group of award-winning immigration attorneys with tremendous experience in winning all kinds of Waiver cases based on hardship.  We have obtained successful outcomes for hundreds of people in the same situation as you (whether its criminal grounds, untruthful information in immigration forms or bars to reentry), and have gotten these people green cards. You deserve to have our team on your side and win your Waiver case.

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