Let a Los Angeles or Fullerton Immigration Attorney Guide You Through the Waiver Application Process

Applying for a visa, green card or even a re-entry into the U.S. can be extremely challenging if you have a past immigration violation, such as those relating to unlawful presence, fraud or alien smuggling. However, you can file an immigration waiver that “forgives” these violations, allowing you to continue your application. 

Since 2006, our lawyers at the Law Offices of Gita B. Kapur and Associates have helped countless families across California with various immigration issues. From challenging denied visa applications to protecting you against deportation, we are ready to fight tirelessly for your case. 

Applying for a Waiver of Grounds of Inadmissibility

Form I-601, also known as the “Application for Waiver of Grounds of Inadmissibility,” can address a range of reasons that might make you ineligible for a visa, green card or re-entry. This includes:

• Health-related grounds, such as having certain communicable diseases or medical conditions
• Certain criminal convictions, such as crimes involving moral turpitude (CIMT), multiple criminal convictions or specific controlled substance offenses
• Immigration fraud or misrepresentation, which is when a person provides false information to gain an immigration benefit
• “Alien smuggling,” or assisting someone else to enter the U.S. illegally
• Prior unlawful presence, especially if you are applying from outside the U.S.

To qualify for this waiver, you must show clear evidence that your spouse, parent or child – who must be a U.S. citizen or lawful permanent resident – will experience “extreme hardship” if you are separated from them. 

Pursuing a Provisional Unlawful Presence Waiver

The provisional unlawful presence waiver, which you accomplish through Form I-601A, is exclusively for those who have stayed in the country for more than 180 days without proper authorization. This also means that they are facing a three-year or ten-year bar on re-entry once they leave the U.S.

Unlike other waivers, the provisional unlawful presence waiver allows you to apply for and potentially receive approval before you leave the country to accomplish your immigrant visa interview. This may significantly reduce the time you would otherwise spend outside the U.S. and apart from your family. Similar to the waiver of grounds of inadmissibility, the application process includes proving “extreme hardship” to a U.S. citizen or lawful permanent resident spouse, parent or child.

Receiving Permission to Reapply for Admission After Deportation or Removal

You may need to apply for this waiver (Form I-121) if a previous deportation or removal bars you from re-entering the country. As the name suggests, it lets you request permission to reapply for admission into the U.S. even if your re-entry ban period is still ongoing. 

To receive a favorable decision, you may need to show:

• Your deep connections to the U.S., such as family, property or significant employment history
• Proof of personal rehabilitation, especially if your removal was due to a criminal offense
• Compelling evidence of hardship to your U.S. citizen or lawful permanent resident family

It’s crucial to note that while this waiver allows you to move forward and apply for a visa or another immigration benefit, it does not guarantee your final admission into the U.S. 

Documents You May Need in Your Waiver Application

While specific requirements can vary depending on the waiver you are applying for, you will generally need:

• Proof of your identity and immigration history, such as passports, birth certificates and past visa or entry records
• For waivers requiring “extreme hardship” to a U.S. citizen or lawful permanent resident family member, this might include medical records, psychological evaluations, financial statements, tax returns and letters detailing emotional, health, or financial challenges they would face without you
• Police clearances and court dispositions for waivers relating to past criminal issues
• Personal statements and affidavits from family and friends supporting your case

Gathering and organizing these documents is vital for a strong application. Our attorneys at the Law Offices of Gita B. Kapur and Associates are here to guide you every step of the way. We’ll help you identify any potential issues with your case and assist in presenting your evidence. We also provide legal guidance and support for complicated cases that involve fraud, past criminal issues or alien smuggling. 

Get Clarity on Your Next Steps: Call Us Today

Your family’s future in the U.S. is too important for guesswork. A comprehensive legal consultation can help you make informed decisions about your next steps in your immigration process.

At the Law Offices of Gita B. Kapur and Associates, we offer competitive pricing and flexible payment plans for clients in Los Angeles, Fullerton, Santa Monica, Riverside, San Bernardino, Santa Ana, Long Beach, Pasadena, the San Fernando Valley and Palmdale. Our multilingual team is also ready to assist you in Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu.

Schedule your consultation today. Call 213-784-6598 or fill out our online form.