Language:

Waivers

Many of the family and deportation cases handled by the firm inevitably require the applicant to file a waiver to excuse a crime, illegal presence or other problem that may block approval of the immigration benefit. There are numerous waiver programs that may be available to immigrant clientele who are seeking to legalize or obtain their permanent residency in the United States.

Our attorneys provide advice regarding waiver eligibility, preparation of waiver petition packages, and related services that are aimed at seeking to obtain government forgiveness for a prior criminal conviction, unlawful presence or overstays, misrepresentation and other issues that may arise and require approval of a waiver. Many clients mistakenly believe that filing a waiver application is only a matter of completing a form. Not true. The failure to present a detailed and extensively documented waiver petition will typically result in the denial of the immigration benefit.

A representative sample of waiver services include:

  • I-601A provisional waivers to forgive unlawful presence for certain immigrant visa applicants who are spouses, children and parents of U.S. citizens. The provisional waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. Consulate abroad. Such applicants must demonstrate extreme hardship to the U.S. citizen relative if the green card is not granted by USCIS.  
  • Certain J-1 exchange visitors are subject to a two-year home-country physical presence requirement after completing training programs in the United States. Deason Law can assist with preparation of a J-1 waiver of the two-year home-country physical presence requirement based on exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child. All claims of extreme or exceptional hardship must be supported by documentary evidence or explanation specifying the hardship.  
  • We have successfully obtained waivers to assist foreign doctors who have completed medical residency programs to remain in the United States through one of the numerous Conrad J-1 waiver programs. These programs waive the two-year home-country requirement in exchange for the doctor’s agreement to provide services in rural cities and other areas where there are insufficient medical services available.  
  • Temporary Section 212(d)(3) waivers for foreign national seeking to enter the United States temporarily. Recently, the firm assisted a Nigerian national obtain a waiver for the purpose of H-1B entry to address prior unlawful status in the United States.