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Waiver

What is a Waiver?

A waiver is an application submitted by an applicant to exempt the impact on their immigration application due to specific criminal history, violation of immigration laws, or a deportation order.

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Who Can Apply for a Waiver?

Applicants in the following situations can apply for the corresponding waiver:

  • I-601 Waiver: Applicants can apply for a waiver if they are inadmissible to the United States due to health reasons, public charge, illegal stay, specific criminal offenses, fraud or misrepresentation, membership in a totalitarian party, or smuggling. This could lead to denial of an immigrant visa or adjustment of status, or inability to obtain citizenship. The waiver can exempt the impact of these situations on the immigration application.

  • I-601A Waiver: This is limited to situations of illegal stay and must be applied for within the United States. The waiver for illegal stay must be applied for before leaving the United States to attend an interview at a U.S. consulate overseas.

  • I-212 Waiver: For applicants who have been issued a deportation order, this waiver applies to apply for re-entry permission, i.e., to exempt the deportation order.

 

How to Apply for a Waiver?

  • Use Form I-601, I-601A, or I-212

  • Application Fee: (subject to change)

       I-601: $930
       I-601A: $630
       I-212: $930

  • Applicants need to prove that if they are denied entry or deported, their immediate family members who are U.S. citizens or permanent residents may face extreme hardship (health, financial situation, education, language, fear of persecution, etc.). I-601 and I-601A waivers cannot be applied for independently and can only be included as part of other immigration applications.

 

Note:

  • If the reason for applying for a waiver is fraud, misrepresentation, or illegal stay, immediate family members only include the spouse or parents of the applicant who are U.S. citizens or permanent residents.

  • If the reason for applying for a waiver is a specific criminal offense, immediate family members include the spouse, parents, children, and fiancé(e) of U.S. citizens.

 

How Long Does it Take to Process a Waiver Application?

Processing time may vary depending on the immigration office or processing center:

  • I-601 Waiver: 22.5-27.5 months

  • I-601A Waiver: 34-39.5 months

  • I-212 Waiver: 20.5-25 months

 

What Services Does AllBelief Law Firm Provide?

  • We provide a complete and clear list of materials required for the waiver application, giving you a clear view of all the materials needed for the waiver.

  • We help collect and organize your application materials.

  • We clearly answer all questions related to your application.

  • We help categorize and organize materials that need to be translated.

  • We analyze the facts of your case, prepare legal arguments, and draft the application letter.

  • We help fill out and submit Forms I-601, I-601A, or I-212, as well as other form services you choose.

  • We assist in responding to inquiries from U.S. immigration authorities.

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