Receiving an unfavorable decision in an immigration case does not always mean the end of the road. In many cases, two legal remedies are available: filing a waiver or an appeal. Knowing which option applies to your situation and acting on it quickly can determine whether you are able to continue pursuing legal status in the United States.
At Kriezelman Burton & Associates, LLC, we have helped numerous foreign nationals navigate these crossroads in their immigration journeys. This post explains some of the differences between the two options in plain terms.
A waiver applies when a person is legally barred from receiving an immigration benefit due to a ground of inadmissibility. Rather than challenging the government’s finding, the applicant asks for that bar to be overlooked or forgiven as a matter of discretion.
Common situations that may call for a waiver include:
Waivers are often filed proactively; they are not usually filed in response to a denial.
An appeal is appropriate after a formal immigration decision has already been issued. The purpose is not to present a new case from scratch, but to argue that the decision contained a legal error or a factual mistake.
Two primary appeal tracks exist:
Your decision will include whether your case is eligible for appeal and to which office you must send an appeal.
Processing times vary based on the type of filing, caseload, and the complexity of the case. That said, the filing deadlines are strict. Appeals must normally be submitted or received within 30 days of the decision date, and late appeals generally do not receive review. Waivers, meanwhile, must be filed either concurrently with or subsequent to the immigration process.
Strong documentation is essential for any successful waiver or appeal. Consider the following:
The difference between a waiver and an appeal is not merely procedural. Which one you are able to use determines your strategy, your timeline, and the evidence you need to gather. Choosing the wrong path for your case, or missing a deadline by a single day, can have lasting consequences.
If you are unsure which way to take your case, the attorneys at Kriezelman Burton & Associates, LLC have experience with both waiver applications and appellate proceedings before USCIS, the AAO, and the BIA. Schedule a confidential consultation with us today to discuss your options.
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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.

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