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What Is A Waiver In Immigration Law?

Talk to a Washington D.C. Immigration Waiver Lawyer

Immigration waivers are a way to ask the U.S. government to forgive or overlook a ground of inadmissibility and grant the immigration benefit.

If you need an experienced immigration attorney to help you navigate the complex processes, The Patel Law Group can come to your aid. We have been practicing immigration law for nearly 20 years combined and we have an impressive portfolio. The awards we have received also serve as a testimonial to the professional services we provide. We hold membership in the AILA and the Federal Bar Association and what truly sets us apart is our commitment and dedication to our clients and their cases.


For help obtaining a waiver, contact The Patel Law Group online or call (888) 223-8176. Our immigration waiver attorneys serve Bethesda, Rockville, Silver Spring, and Beyond.


2013 Updates to the Waiver Process

As of March 4, 2013, certain qualifying immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for provisional unlawful presence waivers before leaving the U.S. This new waiver process allows individuals who only need a waiver of inadmissibility for unlawful presence to apply for a waiver in the U.S., before they depart for their immigrant visa interviews at a U.S. consulate or embassy abroad.

This new process is expected to shorten the time that U.S. citizens are separated from their spouses, children, and parents while those immediate relatives are obtaining immigrant visas to become lawful permanent residents of the United States.

Who is Eligible to Qualify for a Waiver?

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the U.S. must travel abroad to obtain an immigrant visa. An individual who has accrued more than 180 days of unlawful presence in the U.S. must obtain a waiver of inadmissibility to overcome the unlawful presence bars before returning to the U.S. With the existing waiver process (which remains in effect), immediate relatives must first appear for an immigrant visa interview abroad, and a DOS consular officer must have determined that they are inadmissible to the U.S., before they can apply for a waiver.

Immediate relatives of U.S. citizens who qualify for the provisional unlawful presence waiver can still choose to use this existing process instead, by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after a DOS consular officer has determined their inadmissibility to the U.S.

Our Immigration Waiver Attorney Can Determine Your Eligibility. Call Today.

There are a number of specific eligibility requirements, all of which you must meet, in order to qualify for a provisional unlawful presence waiver. There are also a number of conditions that, if they apply in your case, would make you ineligible for the waiver. A knowledgeable immigration lawyer with our firm can answer your questions about eligibility and assist you with your application. We serve clients from all across Bethesda, Silver Spring, Rockville, and beyond.

Contact us for guidance with obtaining an immigration waiver today.