Immigration Waivers

How can Immigration Waivers help my immigration case?

If you are trying to immigrate and you are found inadmissible, you may be able to ask for a waiver. Immigration Waivers have different requirements and they usually require that a qualifying relative show extreme hardship. If granted, the inadmissibility issue is waived and you’ll be able to be admitted into the U.S.

At Burga Law Firm PC we can help you apply for the following waivers:

  1. Provisional Waivers for unlawful presence I-601A
  2. Unlawful Presence Waiver – I-601
  3. Waivers for Fraud or Misrepresentation
  4. INA 212(h) Waivers for Permanent Residents

What is a Provisional Waivers I-601A?

Individuals who have been living in the U.S. without legal documents for more than 1 year are subject to a 10-year bar upon leaving the United States for their consular process interview. A provisional waiver I-601A can waive this 10-year bar. You can apply for an unlawful presence waiver before you leave the country for your consular process interview. If approved, you will attend your interview at your home country’s US Consulate and at that time the waiver is no longer provisional, it gets granted.

What are the requirements for a Provisional Waiver I-601A?

This waiver requires that a United States Citizen or Legal Permanent Resident spouse or parent show that in the absence of the applicant, will suffer extreme financial and emotional hardship. At Burga Law Firm PC we have helped many individuals obtain unlawful presence waivers. Do you want to know if you qualify? Send us a message here or give us a call at (909) 538-8320.

What are Waivers for Fraud and Misrepresentation?

If you have been charged with immigration fraud or willful misrepresentation of a material fact, it can prevent you from becoming a legal permanent resident or entering the U.S. You are inadmissible for Immigration fraud for any of the following:

  1. You procured or sought to procure, a benefit under U.S. Immigration Laws;
  2. You made a false representation;
  3. The false representation was willfully made;
  4. The false representation was material;
  5. The false representation was made to a U.S. government official, such as a USCIS officer, U.S. Customs officer, or U.S. consular officer;
  6. The false representation was made with the intent to deceive a U.S. government official authorized to act upon the request; and
  7. The U.S. government official believed and acted upon the false representation by granting the benefit

If the immigration benefit was denied, you may still be inadmissible for having “sought to procure” it by fraud. Although the fraud element requiring the U.S. government official to believe and act upon the false representation does not apply, an intent to deceive is still a required element.

In cases of attempted fraud, it’s hard for the agency to determine your intent to deceive when the fraud was unsuccessful. You may, however, still be inadmissible for willful misrepresentation, without any finding of fraud.

You are inadmissible for misrepresentation under any of the following:

  1. You procured, or sought to procure, a benefit under U.S. immigration laws;
  2. You made a false representation;
  3. The false representation was willfully made;
  4. The false representation was material; and
  5. The false representation was made to a U.S. government official, such as a USCIS officer, U.S. customs officer, or U.S. consular officer.

If the immigration benefit was granted, you are inadmissible for having procured the benefit by willful misrepresentation. If the immigration benefit was denied, you are still inadmissible for having “sought to procure” it by willful misrepresentation. Intent to deceive is not required.

If you are inadmissible for fraud, you are also inadmissible for willful misrepresentation. On the other hand, being inadmissible for willful misrepresentation does not necessarily make you inadmissible for fraud.