Waivers

Types of Waivers:

  • I-601 for crimes or overstay

  • I-601A overstay waiver for someone in the USA

  • I-212 waiver for a removal for someone that was ordered removed or deported.

  • I-191 212(c) waiver for old crimes.

  • EOIR 42A cancelation of removal for LPR in immigration court.

  • EOIR 42B cancelation of removal for non-LPR in immigration court

  • 212(d)(3) waiver

  • VAWA and U visa waivers

All other immigration waivers.

 

  • BIA Appeals

  • Response to NOID

  • Response to RFE

  • Appeals of denials from USCIS or any immigration agency.

  • Motion to Reopen/ Reconsider with Immigration Court/ BIA/ AAO/ USCIS

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Certain foreign nationals may not be allowed to enter or obtain status in the United States because they are inadmissible. These foreign nationals may overcome the inadmissibility if they are eligible to apply for and receive a waiver.

 

USCIS, in its administration of waiver laws and policies, seeks to:

  • Promote family unity and provide humanitarian results;​

  • Provide relief to refugees, asylees, victims of human trafficking [1] See INA 101(a)(15)(T). and certain criminal acts, [2] See INA 101(a)(15)(U). and other humanitarian and public interest applicants who seek protection or permanent residency in the United States;​

  • Advance the national interest by allowing foreign nationals to be admitted to the United States if such admission could benefit the welfare of the country;​

  • Ensure public health and safety concerns are met by requiring that applicants satisfy all medical requirements prior to admission or, if admitted, seek any necessary treatment; and​

  • Weigh public safety and national security concerns against the social and humanitarian benefits of granting admission to a foreign national.

Considerations of family unity, humanitarian concerns, public and national interest, and national security may differ depending on the specific waiver an applicant is seeking.

 

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