Immigration Waiver Attorney

Immigration law may deem someone inadmissible due to:

• Unlawful presence in the U.S.
• Prior misrepresentation or fraud
• Certain criminal convictions
• Other immigration violations

These violations can trigger different levels of re-entry bans:

• A 3-year ban applies to individuals who accumulated more than 180 days but less than one year of unlawful presence before departing the U.S.
• A 5-year ban typically results from certain misrepresentation cases or removal orders.
• A 10-year ban affects those with one year or more of unlawful presence who left the U.S.
• Permanent inadmissibility may apply in cases involving serious criminal convictions, fraud, or false claims to U.S. citizenship.

Waivers are generally only available to immediate relatives of U.S. citizens and lawful permanent residents. Qualifying relatives for waiver purposes typically include U.S. citizen or permanent resident spouses, parents, and in some cases, children. The applicant must demonstrate that their qualifying relative would suffer extreme hardship if the waiver is not granted.

• Proof of qualifying relative relationship (marriage certificate, birth certificate)
• Evidence of qualifying relative’s immigration status
• Financial documentation (tax returns, pay stubs, bills)
• Medical records if health conditions exist
• Psychological evaluation reports
• Country condition reports
• Supporting affidavits from family and community
• Evidence of family ties in the U.S.
• Property ownership documentation
• Employment verification letters

• Evidence of qualifying U.S. citizen or permanent resident relative and relationship documentation (birth certificates, marriage records)
• Financial and property documentation (household income, assets, debts, property records)
• Medical and mental health records, including evaluations if conditions exist
• Evidence of family integration (educational records, community involvement, employment verification)
• Supporting documentation (affidavits from family/friends, country condition reports)
• Proof of pending immigrant visa petition and intent to depart U.S. for consular processing

• Previous immigration records
• Evidence of rehabilitation
• Proof of family relationships
• Employment history
• Tax returns
• Character reference letters
• Evidence of positive community involvement