Immigration Waivers

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At The Kuba Law firm, our New York City immigration waiver attorneys represent clients with the professional skills, legal knowledge, and commitment for success their case deserves. Immigration waivers are complicated. Our team of immigration lawyers is here to help you explore every available option. If you have any specific questions or concerns about your rights, please do not hesitate to contact our New York City immigration lawyer for a free, no obligation consultation.

What is an Immigration Waiver?

Certain immigration issues can be “waived” by the government authorities. Broadly explained, an immigration waiver is a legal mechanism that permits an otherwise inadmissible noncitizen to enter or remain in the United States by excusing the grounds of inadmissibility and/or removability under the Immigration and Nationality Act (INA). To be clear, immigration waivers are fully discretionary. They are never guaranteed as a matter of law. Further, they must be affirmatively requested by the applicant—and it is the application who bears the burden of demonstrating eligibility and that granting the waiver is warranted as a matter of discretion. Still, seeking an immigration waiver can be the best option to stay in the United States. There are two different categories of immigration waivers that you can apply for in New York City:

• Criminal Immigration Waivers: Certain criminal grounds of inadmissibility—such as crimes involving moral turpitude (CIMTs), controlled substance (drug) violations, and multiple criminal convictions—may be waived under INA § 212(h). Criminal waivers may be available to lawful permanent residents and applicants for admission or adjustment of status, provided specific statutory conditions are met. For example, the applicant must demonstrate that denial would result in extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. However, § 212(h) waivers are unavailable to people convicted of certain aggravated felony offenses.
• Non-Criminal Immigration Waivers: Not all cases that need waivers involve criminal issues. Non-criminal waivers encompass a wide array of circumstances. For example, INA § 212(i) allows a waiver for misrepresentation or fraud if the applicant can show that refusal of admission would cause extreme hardship to a qualifying relative. Similarly, INA § 212(d)(3) provides for a general nonimmigrant waiver of inadmissibility. Notably, it can be granted even without a qualifying relative, based on a balancing of the seriousness of the ground of inadmissibility, the reason for entry, and national security concerns.

Evidence to Support Your Claim for an Immigration Waiver

To prevail on an immigration waiver, applicants must submit robust and well-documented evidence tailored to the specific statutory and discretionary criteria applicable to their case. USCIS or an immigration judge will assess whether the legal requirements are met and whether granting the waiver serves the overall public interest. Here are some notable forms of evidence:

• Proof of Qualifying Relationship: Common documentation includes birth certificates, marriage certificates, and affidavits to prove a qualifying relationship to a U.S. citizen or lawful permanent resident spouse, parent, or child, where required.
• Evidence of Extreme Hardship: Some evidence for this can include medical records, psychological evaluations, educational reports, financial documentation, and country condition reports showing how denial would cause hardship to the qualifying relative.
• Evidence of Rehabilitation (for Criminal Waivers): You may want to submit police clearance letters, proof of completion of probation or parole, letters from employers or community leaders, and records of counseling or treatment.
• Evidence of Good Moral Character: With both types of immigration waivers, character matters. You may submit affidavits from family, employers, religious leaders; tax returns; community service records; and absence of new criminal conduct.
• Evidence Supporting Discretionary Favor: Some relevant evidence in this category includes documentation of family ties in the U.S., long-term residence, military service, employment history, or hardship to the applicant.

Why Trust Our New York City Immigration Waiver Lawyer

Immigration waivers are complicated. There are many myths and misconceptions about how exactly they work. Whether you are considering seeking a criminal waiver or a non-criminal waiver, you need a top-tier attorney on your side. At The Kuba Law firm, we put clients and families first. Your fight is our battle. With a history of winning results, our immigration team has been there before. We are proactive. Among other things, our New York City immigration attorney will:

• Conduct a free, confidential review and assessment of your case;
• Help you understand how immigration waivers work and it they might apply;
• Investigate your case—gathering and organizing all supporting information; and
• Develop a personalized strategy focused on delivering the best possible outcome.

Immigration Waivers in New York City: Frequently Asked Questions (FAQs)

Can I apply for an immigration waiver if I have a criminal conviction?

Yes, certain criminal convictions may be waived under INA § 212(h). Indeed, many waivers are criminal waivers. However, it will depend on the nature of the offense, your immigration status, and the hardship to qualifying relatives Aggravated felonies and multiple convictions may limit your eligibility for an immigration waiver.

Who qualifies as a “qualifying relative” for purposes of an immigration waiver?

INA § 212(i) and § 212(h) both require proof that denial of the waiver would result in extreme hardship to a qualifying relative. The definition of a qualifying relative varies by waiver type, but typically includes a U.S. citizen or lawful permanent resident spouse, parent, or sometimes child.

What is the difference between a waiver of inadmissibility and a waiver of deportability?

A waiver of inadmissibility applies to individuals who are seeking admission to the United States or adjustment of status and are found inadmissible under INA § 212(a). In contrast, a waiver of deportability is used in removal proceedings when a person already admitted to the U.S. is charged with being deportable under INA § 237.

Contact Our New York City Immigration Waiver Lawyer Today

At The Kuba Law firm, our New York City immigration attorneys have considerable experience with immigration waivers, including criminal waivers and non-criminal waivers. Have any specific questions? We are here to help. Get your free consultation now! With immigration offices in New York City, Rockland, and Hauppauge, we serve communities throughout the entire region.