What is a waiver? Everything you need to know
Waivers are a common word in the migration language. It might be that you made a mistake long ago and that does not allow you to adjust your status. A waiver can potentially help you. Are you wondering what is a waiver and how can you apply for it? Here you’ll find some answers.
For US immigration law, a waiver is what is also known as a pardon or permit. By applying, the applicant could get a visa or a green card, or other immigration benefits.
The waiver is discretionary. In other words, it might be that you comply with all requirements. Yet, the final approval depends on the will of the agency that makes the decision.
There are different types of waivers. Below you can find their differences. As understanding these issues can be complex, we encourage you to contact our team of specialized immigration attorneys at HMA Law Firm.
Waivers for obtaining a nonimmigrant visa.
When a foreigner is denied a nonimmigrant visa, it is possible to apply for a waiver through the USCIS. This is technically known as an NIV waiver or 212(d)(3).
The most common causes of inadmissibility are:
– illegal stay in the US for more than 180 days
– having committed an immigration violation such as filing false papers
– having committed a crime
– medical causes.
You can apply for a waiver in all these cases. Yet, it is impossible with terrorism or danger to US security.
Non-Immigrant Visa Waiver Processing
In these situations, the consulate officer who denies the visa during the interview may suggest requesting it.
In these cases, the application can be filed without using a specific form. There is also no filing fee. In general, this is a statement specifying the circumstances and the reasons for requesting it. It is advisable to include evidence to support the letter.
The request for a waiver is sent to the consulate when the visa is reapplied.
Waiver to obtain a green card
Processing a green card through adjustment of status or an immigrant visa from outside the US may not be successful because the person for whom it is requested is deemed inadmissible.
There are different types of waivers, depending on the type of problem.
This is for spouses, parents, and unmarried children under 21 years of age of US citizens who are in the US. If their only issue is that they came irregularly, they could qualify for an I-601A provisional waiver.
For all other cases for qualifying family members, check to see if you are eligible to apply for an I-601 waiver.
Waiver Cost and Delay.
The cost to apply is as follows:
1. I-212, application for readmission to the US: $930.
2. I-601: $930.
3. I-601A: $630, plus. If you are younger than 79, you must pay $85 for fingerprinting and other biometrics.
Processing time varies from case to case. As a general rule, it takes less than 6 months, but some cases are taking more than 10 months.
Waiver in J-1 Exchange Visas.
J or exchange visas have a limited period of validity, which can be extended but not unlimited. In some J visa cases, once these visas are terminated the holder must leave the US and the expected return cannot occur before two years have after termination. J-1 visitors may remain in the United States until the end of their exchange program, as specified on form DS-2019
However, this permit can be extended beyond the Form DS-2019, in which the duration of the legal stay can reach 30 extra days due to unusual or extraordinary circumstances. In this case, the applicant would enter in a “Grace Period” and would no longer be under the J-visa status but rather under USCIS jurisdiction.
Considering the difficulty of this kind of process, we highly recommend seeking professional assistance in order to secure a properly managed application process.
At HMA, we offer great consultation fees through which our team of experts will provide all the information and guidance necessary. Don’t wait any longer and visit our website hma-legal.com to learn more about our work.