Attorneys Who Put Family First

Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Why waivers are crucial for some visa and green card applicants

On Behalf of | Mar 13, 2024 | Immigration

If you’re struggling to obtain a visa, green card, or other immigration benefits, an immigration waiver could be the tool you need. This is particularly relevant for applicants who can’t enter the U.S. due to specific violations or conditions.

Inadmissibility means you legally can’t enter or stay in the U.S. for various reasons. Fortunately, a potential solution exists: immigration waivers.

The purpose of this waiver

Immigration waivers serve a crucial purpose. They offer relief from certain grounds of inadmissibility. Here are some situations where you might need a waiver:

  • Past immigration violations: Overstaying a visa or experiencing deportation in the past could prevent you from returning to the U.S. A waiver can help bypass this.
  • Criminal history: Certain criminal convictions can make you inadmissible. In some cases, a waiver can help you overcome this obstacle.
  • Health-related grounds: Some health conditions can lead to inadmissibility. Fortunately, a waiver may offer a solution in certain circumstances.
  • Public charge: If authorities believe you might rely on public benefits, they may declare you inadmissible. A waiver can help prove that this won’t be the case.

Facing the prospect of inadmissibility can be stressful. But, a waiver can offer you a potential path to overcome these barriers to the immigration process.

You may need assistance in getting a waiver

Securing a waiver is no easy task. The process can be complex. It requires that you have a qualifying relative, such as a U.S. citizen or permanent resident spouse or parent. You must then prove they would experience “extreme hardship” if they continue to deny your admission. “Extreme hardship” is more than just the typical stress a family would experience due to separation or relocation. It means showing that your relative would face severe difficulties relating to financial stability, health conditions or other personal circumstances.

You may also need to craft a persuasive statement about your situation and the hardship your qualifying relative would face. A well-prepared and convincing hardship letter is crucial, as any missteps in the waiver application can lead to delays or denials. In addition, building a case like this requires you to be precise and knowledgeable about immigration laws, which can be complex. For this reason, consider seeking a legal professional. A legal professional can be a great help in this process.