When is a Waiver Necessary?

There are many reasons why a foreign national would need to secure a waiver before being allowed to apply for a visa or enter the U.S. legally:

• If you were deported or removed from the U.S.
• If you overstayed in the U.S. past your visa expiration and left the U.S.
• If you were charged with or convicted of a crime
• If you are convicted of robbery, theft, another "taking" offense or any other crime involving moral turpitude, you may be ineligible to enter the U.S. without a waiver. 

Types of Waivers

There are a number of different types of waivers. The type of waiver varies depending on the issue that needs to be waived and each waiver requires different proof. Here are some of the most common types of waivers:

• Waiver After Prior Removal:  An alien who has been removed from the U.S. and wishes to apply before the statutory timeframe must file for a waiver of the waiting period.
• Waiver of Unlawful Presence:  This waiver is available to those individuals applying for an immigrant visa. This bar is the result of having been in the U.S. in unlawful status for more than 180 days (three year bar) or more than a year (10 year bar). In order to qualify for this waiver, the alien is required to prove that he/she is the spouse or parent of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver. 
• Waiver for Crimes More than 15 Years Old:  This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that the criminal activity making his inadmissible happened more than 15 years ago, he/she would not be a threat to the safety or welfare of others, and the alien has been rehabilitated.
• Waiver of Crimes of Moral Turpitude: This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.
• Waiver of Possession of Marijuana:  This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his/her admission and have been lawfully residing in the U.S. for seven years. In order to qualify for this waiver, the alien is required to prove that he/she is the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that denial of admission would cause that U.S. citizen or legal permanent resident extreme hardship. Hardship waivers can be difficult since every case is unique. We work hard to understand your situation and family so that we can best make a case for a hardship waiver.
• General Waiver for Nonimmigrants:  Nonimmigrants who fall into many of the categories on inadmissibility can apply for a waiver to visit the U.S. These waivers are discretionary and the alien must assert why he/she needs to come to the U.S. and why his/her visit will not be detrimental to the U.S.