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Waivers to Excuse Immigration Violations

Waivers to Excuse Immigration Violations

Provisional Waiver – Who can apply for a Provisional Waiver and what is the benefit?

  • Immigrants who have entered the United States unlawfully only one time who are married to a U.S. citizen or Lawful Permanent Resident, or have a U.S. citizen or Lawful Permanent Resident parent, may be eligible for the Provisional Waiver. 

  • The immigrant must prove that their qualifying relative would suffer extreme hardship if the immigrant were refused admission to the United States.
  • The first step in this process is to apply for and obtain an approved petition confirming the relationship between the immigrant and the qualifying relative. Then the Provisional Waiver is submitted with evidence of extreme hardship. 

  • The Provisional Waiver allows an immigrant to remain in the United States while the waiver is pending. If it is approved, the immigrant may then proceed to Consular Processing. 

  • If you think you are eligible for the Provisional Waiver, Elizabeth Cuenca, P.A. encourages you to schedule a consultation to review your eligibility!

Other Waivers- What other types of waivers are there and who can apply for them?

  • There are many different types of waivers that forgive immigrants for behavior that makes them inadmissible to the United States. 

  • For example, an immigrant who entered the U.S. illegally and is eligible for the U-Visa may apply for a waiver to excuse their illegal entry. Further, an immigrant who was involved in a crime involving moral turpitude may apply for a waiver to excuse their bad act. Another example of a situation in which an immigrant could apply for a waiver would be if an immigrant tried to obtain an immigration benefit through fraud. The examples are endless.
  • If you think you may be eligible for immigration benefits but you are concerned about something that happened in your past, Elizabeth Cuenca, P.A. would be happy to review your eligibility and any inadmissibility you may have incurred to determine if a waiver can help you!