An immigration waiver (also called a request for forgiveness) is a legal procedure in which we ask the government to forgive any violation of immigration laws that may have been committed, allowing a person to obtain or maintain their residency status in the United States.

For example: A person that enters the United States undocumented and stays for 10 years. When they leave their country for a residency appointment, they will be imposed 10 years of punishment because that’s what the law says. Then, they must ask forgiveness for living undocumented in the United States. If the government gives them the pardon then they can re-enter the United States with residency. If they do not grant the pardon and they leave then they will have to stay in their country of origin for 10 years.

How Is an Immigration Waiver Obtained?

Depending on the type of immigration waiver you require (there are several types), the process requires filing an application with U.S. Citizenship and Immigration Services (USCIS). The two most common types of immigration waiver are the I-601 waiver and the I-212 waiver.

Immigration Waiver Requirements

The requirements vary according to the type of pardon solicited. Here are some examples:

  • Form I-601 for fraud: The applicant must meet the following requirements:
    • Must have a wife, husband, mom or dad that is a citizen or resident.
    • You must prove that your family member will be in “extreme” suffering as a result of his/her inability to obtain residency and reunite with them.
    • Example: The applicant has a wife with cancer and the applicant is the only one who works and the health insurance is through the applicant and the wife needs the care and attention of the husband because he has no other family member to take care of her. This is just an example.
  • Form I-601 for undocumented presence in the United States: The applicant must meet the following requirements:
    • Must have a wife, husband, mom or dad that is a citizen or resident.
    • You must prove that your family member will be in “extreme” suffering as a result of his/her inability to obtain residency and reunite with them.
    • Example: The applicant has a wife with cancer and the applicant is the only one who works and the health insurance is through the applicant and the wife needs the care and attention of the husband because he has no other family member to take care of her. This is just an example.
  • Form I- 212 for having been deported previously: the applicant must meet the following requirements:
    • Must have USC or LPR family members. Please note in this waiver kids will count.
    • The applicant must have good moral character.
    • The family members would suffer if he/she were not allowed to re-enter.

How Can GWP Help With Your Immigration Waiver?

At GWP Immigration Law, our experienced attorneys will carefully evaluate your situation and help you prepare the strongest possible immigration waiver application based on your individual life circumstances. We will create the best legal strategy to meet the government’s requirements and will accompany you through the entire process from beginning to end.

Whether you need help with an immigration services matter, a VAWA case, or any other waiver type, our team is ready to guide you. Contact us today to schedule your initial consultation.

Give us a chance to help you — request a meeting today!

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