Waivers and Pardons

Gaining a visa or green card is always a challenge, and it is even more difficult if you do something that would normally preclude your ability to be approved, or to keep from being deported. When that is the case, there are certain circumstances where a disqualification or deportation can be avoided by virtue of a waiver.

There are a number of different waivers that are available, and each is appropriate for a specific scenario. The most common of these include:

  • General Waiver for Nonimmigrants – This is one of the broadest waivers available, and can be used under numerous circumstances to provide a reason why the alien needs to come to/remain in the United States and would not pose harm to the people of the United States.
  • Waiver for Possession of Marijuana – Under immigration law, there is an automatic waiver that does not require an application or form for those convicted of a single offense involving possession for use of 30 grams or less or marijuana. For greater quantities, if an immigrant is applying for a visa or adjustment of status or is in removal proceedings, they must not have been convicted of an aggravated felony and have been lawfully residing in the United States for seven years. They must also be able to show themselves as the spouse, parent, son or daughter of a U.S. citizen or legal permanent resident and that not being able to enter (or deportation) would pose hardship on that person.
  • Waiver After Prior Removal – This waiver is for aliens who have been removed from the United States and who wish to apply to be allowed to return before the statutory time frame.
  • Waiver of Unlawful Presence – This waiver is for those who are accused of having been in the United States unlawfully for more than 180 days or more than a year and are therefore subject to either a three- or ten-year bar, respectively. The waiver is available for aliens who can prove themselves the spouse or parent of a U.S. citizen or legal permanent resident and that denial of admission would cause that person hardship.

Waivers require a variety of types of proof, and the decisions that are made as to whether they will approved are entirely discretionary. It is important that you put yourself and your family in the best possible position by having experienced, knowledgeable legal representation. To set up an appointment to discuss your situation, contact us today.