Types of Immigration Waivers and What They Mean
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Although U.S. immigration law is known to be one of the most complex and strict areas of law, there are parts of the law designed to ameliorate some of its harshest provisions. Some of these are known as waivers, and they help people who were deemed inadmissible to the U.S. for some reason. However, to get the waiver, one must apply for it and meet the waiver’s own requirements. At Kriezelman Burton & Associates, we assist clients in Chicago in successfully applying for and obtaining these immigration waivers. We also take cases in Indiana, Wisconsin, and Michigan.
What is an Immigration Waiver?
A waiver is a provision that allows a person who would otherwise be denied an immigration benefit (such as a green card) to avoid those consequences if they meet the requirements for the waiver. A person who generally qualifies to get an immigration benefit can still be denied the benefit as being inadmissible. Should this be the case, then the person will require a waiver of that inadmissibility if they are to obtain the benefit they seek.
Grounds of Inadmissibility
There are numerous grounds for inadmissibility, but here are some of the major ones:
- Health. A person can be denied an immigration benefit on health grounds if they have been diagnosed with, for example, a communicable disease, mental disorder, drug addiction, or failure to get required immunizations.
- Criminal History. One can be denied an immigration benefit if they have been convicted of a crime of moral turpitude, which is defined as conduct that is contrary to community standards of justice, honesty, or good morals. An immigration benefit can also be denied to a person who has been convicted for drug-related offenses in the United States or abroad, multiple criminal convictions resulting in five or more years’ incarceration, drug trafficking, prostitution, sex trafficking, and money laundering.
- Misrepresentation or Fraud. If a person is found to have falsified, misrepresented, or made fraudulent submissions to the immigration office or consulate, their petition or application will be denied on those grounds.
- Unlawful Presence. Unlawful presence encompasses a variety of offenses, including being in the United States illegally, falsely claiming U.S. citizenship, smuggling, and other immigration violations.
Immigration Waivers Available
If any of the grounds of inadmissibility listed above apply in your case, then there are waivers that you can apply for to overcome those grounds of inadmissibility. Knowing which waiver to apply for and how to obtain it is not easy. Therefore, you need an experienced immigration lawyer to help you figure this out and to ensure you have the best chance to have your waiver application approved.
If your application for the waiver is granted, then you will avoid the penalties associated with the ground of inadmissibility that applies to you. Some of the immigration waivers available include the following:
- Criminal Conviction Waiver
- I-601 Hardship Waiver
- Misrepresentation or Fraud Waiver
- Unlawful Presence Waiver
If you believe you need an immigration waiver or just need to know whether you have something in your history that may result in your being found inadmissible, contact our office and schedule a consultation.
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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…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
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…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
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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